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(영문) 의정부지방법원고양지원 2013.06.13 2011가단45074
손해배상(자)
Text

1. The Defendant: (a) KRW 17,349,029; (b) KRW 1,000,000 to Plaintiff B; and (c) each of them, from February 18, 2011 to June 1, 2013.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition [based on recognition] did not dispute, Gap evidence 1-4, Gap evidence 1-2, Gap evidence 5-1-2, Gap evidence 23-1-3, Gap evidence 23-1-3, the purport of the whole pleadings and arguments 1) Eul driving a D vehicle covered by the defendant's comprehensive motor vehicle insurance around February 20, 201, while driving a pelway without any distinction between the roadway and India in Gangnam-gu, Seoul and driving a pelle road without any distinction between the roadway and India on February 18, 2011 (hereinafter the above accident referred to as "the accident of this case") was caused by the shock of the plaintiff Gap who was walking ahead of the plaintiff Gap who did not see well, and caused injury to Gap, such as culdumum, suldum, and dume (hereinafter the above accident).

(2) Plaintiff B is the father of Plaintiff A.

B. According to the above facts, the defendant, as the insurer of the above vehicle, is obligated to compensate the plaintiffs for the damages suffered by the plaintiffs as a result of the operation of the above vehicle by C. However, according to the above evidence, although the plaintiff also has a duty of care to prevent accidents, such as walking on the right side of the runway when there is a vehicle going behind at night, even if there is a vehicle driving behind the vehicle without distinction between the roadway and India, the accident in this case occurred without confirming the vehicle from the rear side. Since the plaintiff Gap's error contributed to the occurrence and expansion of damages, the defendant's liability is limited to 90% of the defendant's liability by taking account of the plaintiff's negligence into account 10%.

2. In addition to the separate statements below the scope of the liability for damages, it shall be calculated at present in accordance with the calculation method of heading that deducts interim interest at the rate of 5/12 per month as simple interest, and the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but the period for the convenience of calculation shall be calculated on a monthly basis, but it shall be rejected that the amount less than a month is included on the side which is less than the cost and less than the last month, and that the parties’ arguments are not separately explained.

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