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(영문) 서울중앙지방법원 2016.04.29 2012가단5028038
손해배상(자)
Text

1. The Defendant: (a) KRW 27,03,571; and (b) KRW 6,869,231 and each of the said money to Plaintiff A from November 25, 2010 to each of the said money.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C is a D car at around 09:45, Nov. 25, 2010 (hereinafter “Defendant vehicle”).

(B) While driving a vehicle and driving a road near the MothaIC department located in the city of nuclear power, the lower part of the Plaintiff’s E-car of the Defendant’s vehicle, which was parked for signal at the entrance or sand distance of the body of the body of the driver to be used in front of the Defendant’s vehicle, was inflicted on the Plaintiff Company A, and the Plaintiff B, who was accompanied by the lower part of the Defendant’s vehicle, suffered from the injury of the Plaintiff, such as a light dysium, etc. (hereinafter “instant accident”).

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with the Defendant’s vehicle.

[Ground for Recognition: Unsatisfy Facts, Gap evidence 1 through 4, 14, 23, 24

(2) No. 6, Eul evidence, the purport of the whole pleadings

B. According to the fact of recognition of liability, the defendant, the insurer of the defendant vehicle, is liable to compensate the plaintiffs for damages caused by the accident of this case.

C. The limitation of liability: (a) it is recognized that the Plaintiffs did not fasten the safety belt in light of the Plaintiffs’ injury parts, such as the developments and intensity of the instant accident, and the injury parts of the Plaintiff A, which were damaged by the dental services and two parts; (b) the Plaintiff was on board the driver’s seat and did not fasten the safety belt; and (c) inasmuch as the Plaintiff’s fault on board the back seat and did not fasten the safety belt, caused the occurrence and expansion of the damages caused by the instant accident, it shall be taken into account in determining the amount of damages that the Defendant is liable for, but the ratio is limited to 10% for the Plaintiff, who is a driver, and the ratio is limited to 5% for the Plaintiff B, who

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

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