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(영문) 서울중앙지방법원 2017.03.24 2016가단5016095

손해배상(자)

Text

1. The Defendant: (a) KRW 8,025,201 for each of the Plaintiffs, as well as KRW 5% per annum from October 28, 2015 to March 24, 2017; and (b).

Reasons

1. Occurrence of liability for damages;

A. 1) At around 18:15 October 19, 2015, I is the Defendant’s vehicle (hereinafter “Defendant’s vehicle”).

2) On the other hand, the Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s

2) The deceased caused the death of the deceased due to brain livers, etc. (hereinafter “instant accident”) by shocking the front part of the Defendant vehicle.

(2) Plaintiff A is the deceased’s wife, and the rest of the Plaintiffs are the deceased’s children, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap 1 through 6, 8 through 14, Eul 4 through 10 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the recognition of liability and the recognition of the above limitation, the defendant is liable for the damage caused by the death of the deceased due to the instant accident as the insurer of the defendant vehicle.

However, the deceased is negligent by walking along the roadway at night without confirming whether the vehicle is driving or not, and such negligence seems to have contributed to the occurrence of the instant accident and the expansion of damage, so the defendant's responsibility is limited to 80%.

(2) Except as otherwise stated below within the scope of liability for damages, each item of the attached Table of the calculation of damages shall be the same as the corresponding item of the calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but less than the last month and less than KRW 2 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, the arguments of the parties are rejected.