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(영문) 서울중앙지방법원 2017.05.26 2016나31199
손해배상(자)
Text

1. The judgment of the court of first instance is modified as follows. A.

The defendant shall pay to the plaintiff A KRW 25,441,527 and its amount.

Reasons

1. Occurrence of liability for damages;

A. On November 25, 2010, C driven a D car (hereinafter “Defendant vehicle”) on November 25, 2010, while driving a road near the gatetool located in the original city, C received the rear part of the Plaintiff A’s E-car, which was stopped for the air traffic at the entrance and shooting distance of the Tool, from the front part of the Defendant vehicle.

In the above accident, Plaintiff A suffered bodily injury, such as light chlorates, brain-dead sugars, etc., and Plaintiff B who was accompanied by the back seat of the Plaintiff’s vehicle, suffered bodily injury such as light chlorates.

The defendant is an insurer who has concluded a comprehensive automobile insurance contract against the defendant vehicle.

B A A while the lawsuit in this case was pending, the Plaintiff G, H, A, I, and J took over the lawsuit in this case, who was the inheritor (not due to the accident in this case).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 6 and the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant, who is the insurer of the defendant vehicle, is liable to compensate the damage suffered by the accident of this case between the plaintiff A and the deceased.

C. Limit of liability, however, in light of the background of the instant accident and the injury parts of the Plaintiff A and the deceased, etc., it appears that the Plaintiff and the deceased did not fasten the safety belt at the time of the accident. Since the above error of the Plaintiff A and the Deceased caused the occurrence and expansion of the damage caused by the instant accident, it shall be considered in determining the amount of damages that the Defendant should compensate, but the ratio shall be 10% for the Plaintiff A, who is a driver, and the ratio shall be 5% for the Deceased who boarded on the back seat, and the ratio of liability of the Defendant shall be limited to the Defendant.

2. In addition to the defendant's liability for damages against the plaintiff A, it is identical to each corresponding item in the attached Table for calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis, but it shall be calculated on a monthly basis.

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