손해배상(자)
1. The Defendants shall jointly and severally serve as the Plaintiff KRW 78,441,824 as well as as the period from April 23, 2014 to October 20, 2015.
1. Basic facts - around 20:05 on April 23, 2014, Defendant B driven a C Poter vehicle (hereinafter, the Defendant’s vehicle) and was negligent in performing the duty of Jeoncheon-si’s bicycle driving on the side of the Defendant vehicle due to the negligence of neglecting the duty of Jeoncheon-si in line with the second-lanes among the two-lanes in the 307-ro in the East Ycheon-si, the latter part of the DNA driver’s bicycle driven in front of the Defendant vehicle, and caused the said D to die by blood transfusion on the job site at around 22:16 on the same day.
- The defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter referred to as the "Defendant Co., Ltd.") is an insurer who has entered into a comprehensive automobile insurance contract with the defendant No. B, and the accident occurred during the insurance period.
- The plaintiff is the spouse of the deceased D, and E is the mother of the deceased.
[Ground of recognition] Facts without dispute, evidence A1 to 3, purport of whole pleadings
2. According to the fact of recognition as to the existence of liability for damages, Defendant B, as the driver of the Defendant vehicle, is liable to compensate the Plaintiff for damages caused by the death of the Deceased, and the Defendant Company is liable to pay the same insurance money in accordance with Article 724(2) of the Commercial Act.
3. Scope of liability for damages
A. The actual income loss equivalent to the monetary total value of the capacity of operation lost by the accident in this case is 109,358,110 won calculated at the present price at the time of the accident in this case, based on the following (i) the recognition facts and evaluation methods, based on which the intermediary interest is deducted at the rate of 5/12 per month as follows:
⑴ 인정사실 및 평가내용 ㈎ 성별 : 남자, 생년월일 : F생, 연령 : 사고 당시 46세 남짓, 기대여명 : 32.90년 정도 ㈏ 가동능력에 대한 금전적 평가 : 2014년 상반기 도시보통인부 일용노동 노임은 84,166원이다
(A) The Plaintiff’s claim against the Plaintiff regarding the operating capacity is rejected.