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(영문) 서울중앙지방법원 2015.12.18 2013가단244016
손해배상(자)
Text

1. The Defendant: KRW 39,549,824; KRW 7,00,00 for Plaintiff B; and KRW 3,000,000 for Plaintiff C and D; and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) E is a F-A-Wurt-Wur-Wurged Automobile on January 31, 2008 (hereinafter “Defendant”) around 06:30 on January 31, 2008

) A driving of a vehicle, and driving a road in front of the Central City City of the Sim-dong, Busan Metropolitan City along the one-lane road of Jinyang-do from the jurisdiction of the Sim-dong, by the Jinyang-do. At that time, the crosswalk installed in that place conflict with the plaintiff A who crossed the crosswalk to the left-hand side from the direction of the running of the vehicle to the left-hand side of the defendant and suffered an injury on the brain, etc. (hereinafter “instant accident”).

(2) Plaintiff B is the husband of Plaintiff A, and Plaintiff C and D are the children of Plaintiff A, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground for Recognition: Unsatisfy, Gap evidence 1 through 7 (if there is a tentative number, including a branch number; hereinafter the same shall apply)

(ii) evidence Nos. (ii) to (vii) and the purport of the entire pleading

B. According to the above recognition of liability, E is liable for the damages suffered by the plaintiffs due to the instant accident.

C. The limitation of liability: (a) the Plaintiff, as well as A, committed an error of crossinging the crosswalk on the vehicle’s progress signal at the new wall time; and (b) such error contributed to the occurrence of the instant accident and the expansion of damage; (c) thus, the Defendant’s liability is limited to 35% by comprehensively taking into account all the circumstances revealed in the instant argument, including the negligence of the Plaintiff A and the developments leading up to the instant accident.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

Personal information on daily income: Attached Form 1.

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