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(영문) 서울중앙지방법원 2015.09.03 2014가단75699

손해배상(자)

Text

1. The Defendant’s KRW 75,782,910 for the Plaintiff and 5% per annum from December 25, 2013 to September 3, 2015.

Reasons

1. Occurrence of liability for damages;

A. On December 25, 2013, at around 05:30 on December 25, 2013, B, driving C freight cars, driving the first three-lane road in front of the Sung-dong Mac-dong Mac-dong Mac-dong Mac-dong Mac-dong Mac-dong Mac-dong, from the racing station to the racing knife, and shocked D crossing the road from the left side to the right side of the vehicle (hereinafter “instant accident”), and D was sent to the hospital for treatment, and died of the same day by the blood scar, scar, etc. on the right side of the vehicle.

The plaintiff is the mother of the network D (hereinafter referred to as "the deceased"), and the defendant is the insurer who has concluded the comprehensive motor vehicle insurance contract with respect to the motor vehicle driven by B.

On the other hand, the deceased and E reported their marriage on July 1997.

[Evidence] Gap evidence Nos. 1, 2, 4 through 7, Eul evidence Nos. 3-6, 7, 10 through 21, 43, and 44, and the purport of the whole pleadings

B. According to the facts found as above, B was driving a vehicle while causing the death of the deceased, and thus, the Defendant is liable to compensate the deceased and the Plaintiff for the damages caused by the instant accident.

C. At the time of the instant accident, the Deceased’s liability is limited to 55% of the Defendant’s liability by taking account of such circumstances, given that it was erroneous for the Deceased to cross the road without permission on the part signal on the part of the deceased on the new wall.

(45%) 2. The scope of liability for damages is as shown in the attached Table of Calculation of Compensation for Damages, except as otherwise stated below.

(C) At the rate of 5/12 per month, it shall be calculated in accordance with the Flive Calculation Act, which deducts intermediate interest at the rate of 5/12 per month, and the monthly and less than KRW 10 per month for the convenience of calculation shall be discarded). 【No dispute exists, Gap evidence No. 4, Eul evidence No. 2, and the purport of the whole pleadings.

(a) Personal information 1): The income and the operating period of Fproductive female (the remaining 36 years old at the time of the instant accident) (the remaining 1 month after the date of the instant accident): 3. The ordinary urban daily wage, the daily daily wage of the ordinary father, until November 3, 2037, which became 60 years old;