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(영문) 서울중앙지방법원 2015.01.14 2011가단47693
손해배상(자)
Text

1. The Defendants: (a) against each of the Plaintiffs A, KRW 4,00,00 and each of the said amounts, respectively, KRW 894,49,931, Plaintiff B, and C.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) Defendant D’s truck around 06:25 October 19, 2010 (hereinafter “Defendant’s vehicle”).

2) On the other hand, the Plaintiff’s driver drivened the road in front of the water purification site in Seo-gu, Incheon, Seo-gu, Incheon, along one lane from the water purification area of the public road in front of the water purification site of the public road in the vicinity of the public road, and driven by the centralization team of the road along the four-lanes of the opposite direction, caused the Plaintiff’s injury of blood transfusion, etc. under the influence of the Defendant’s driver’s f.M.5 vehicle driving along the four-lanes of the opposite direction to the opposite direction (hereinafter “instant accident”).

2) The Plaintiff Samsung Fire Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) is the Plaintiff’s wife and the Plaintiff’s child, and Defendant Samsung Fire Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) is the insurer that entered into a comprehensive insurance contract on the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-7, 60-69 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the facts of recognition of the above liability, Defendant D, the driver of the Defendant vehicle, and Defendant Samsung Fire, the insurer of the Defendant vehicle, are liable for the damages suffered by the Plaintiffs due to the instant accident.

C. The Defendants asserted that the limitation of liability had been expanded due to the Plaintiff’s failure to wear a safety level, but there is no evidence to acknowledge this, and thus, the Defendants’ assertion in this part is rejected.

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, the parties' arguments are separate.

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