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(영문) 대전지방법원 2015.11.11 2014가단224353

손해배상(자)

Text

1. The defendant and each of the above costs of KRW 273,720,037 against the plaintiff A, KRW 269,220,037 against the plaintiff B, and KRW 2,00,000 against the plaintiff C and D, respectively.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 01:50 on May 11, 2014, E driven a FP car (hereinafter “Defendant vehicle”) and neglected to perform his/her duty in front of H company located in Dong-gu, Dong-gu, Dong-gu, Dong-gu, and caused the Defendant vehicle to go beyond the land of I (hereinafter “instant accident”), and thereby, I died of the cerebral throst on May 12, 2014 as of 09:27.

(2) The Plaintiff A and B are parents of the deceased I (hereinafter “the deceased”), the Plaintiff C’s fault, and the Plaintiff D are those of the Deceased, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 2, 5, Eul evidence 1, the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs due to the accident of this case as the insurer of the defendant vehicle.

C. The limitation of liability does not mean that an adult deceased does not have the duty to wear safety equipment, such as safety appearance, under the Road Traffic Act, but negligence in offsetting negligence is not a strong negligence that requires a breach of duty, such as the perpetrator's negligence, but refers to a weak sense required for community life in accordance with social norms or the principle of good faith, and thus, the victim's negligence is negligent in exercising due care to prevent the victim's own disadvantage, and the circumstance where the deceased did not wear safety gear can be recognized as having contributed to the expansion of damage. Thus, the defendant's liability is limited to 90% by deeming the deceased's negligence that did not wear safety gear as 10%.

2. Scope of liability for damages (1) - In addition to the matters stated separately below the lost income, each corresponding item of the annexed damages calculation sheet shall be the same as that of each corresponding item, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis.

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