logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.10.16 2012가단101594
손해배상(자)
Text

1. The Defendant: KRW 15,686,182 to Plaintiff A; KRW 2,00,000 to Plaintiff B; and KRW 700,000 to Plaintiff C, D, and E, respectively.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) F is the G Cargo Vehicle around 12:50 on June 1, 201 (hereinafter “Defendant Vehicle”).

(B) Plaintiff A’s H cargo vehicle (hereinafter “Plaintiff”) on the Plaintiff A, who driven by Ha and proceeded to the right red bank from the north side of the direction of Defendant A’s running at the above intersection while driving the gold-gun of Hongsung-gun and driving in the opposite direction at the entrance of Seoyang-ri, Hong-gun, Hong-gun, Hong-gun, to the opposite direction.

) The left side part of the Defendant’s vehicle was the front part of the Defendant’s vehicle and was injured by the Plaintiff’s her hurgical part (hereinafter “instant accident”).

(2) Plaintiff B is the wife of Plaintiff A, and the rest of the Plaintiffs 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 to 5 (if there is a tentative number, including branch numbers; hereinafter the same shall apply)

(2) The grounds of appeal No. 1

B. According to the above facts of recognition of liability, F is liable for damages suffered by the plaintiffs due to the instant accident, since F was negligent in neglecting Jeonju-si and failed to accurately operate the steering direction and brakes, due to the negligence that entered the intersection and proceeded with the plaintiff's vehicle. Therefore, the insurer is liable to compensate for the damages suffered by the plaintiffs due to the instant accident.

C. As to the limitation of liability, the Defendant asserted that the Plaintiff did not fasten the safety belt, but it cannot be inferred without permission that the Plaintiff did not fasten the safety belt. Therefore, there is no reason to limit the Defendant’s liability against the Plaintiff A, who is the passenger of the Plaintiff’s vehicle.

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 current value of damages at the time of the accident shall be 5/12 percent per month.

arrow