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(영문) 서울중앙지방법원 2017.05.12 2016가합558904

손해배상(자)

Text

1. The Defendant shall pay to the Plaintiffs each amount of KRW 105,00,000 and each of the above amounts, from July 1, 2016 to October 17, 2016.

Reasons

1. Basic facts

A. The Plaintiffs are parents of C, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the E-car owned by D (hereinafter “Korea-Japan”).

B. At around 22:13 on June 28, 2016, F, a spouse of D, driven a sea-going vehicle into a two-lane, driving the H front road located in the Gu and America, and, in order to drive U.S., entered a two-lane from the two-lane to the one-lane, F, a spouse of D, shicked the front part of the Oral Part, which was driven by C, a straightened in the left part of the vehicle in the one-lane.

(hereinafter “instant traffic accident”). C.

C On July 1, 2016, while suffering from the instant traffic accident and being treated at a medical institution, the Plaintiffs, who were the parents of the deceased C (hereinafter “the deceased”), died from her probane and succeeded to the property of the deceased.

[Reasons for Recognition] Unsatisfy, Gap evidence 2 through 8 (including branch numbers, hereinafter the same shall apply), Eul evidence 2, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above findings of recognition of liability, the deceased died due to the instant traffic accident, and the defendant is liable to compensate the damage suffered by the deceased and his bereaved family members as the insurer of the damaged vehicle.

B. Comprehensively taking into account the limitation of liability, the statements in the evidence Nos. 2, 4, and 5 and the testimony of the witness F, it can be acknowledged that the deceased did not use the headlight at the time of the traffic accident at the time of the traffic accident at the time of the traffic accident and did not wear a safety cap on the part of the deceased at the first lane other than the traffic lane. The defendant's liability shall be limited to 80% in consideration of the negligence of the deceased.

3. Scope of liability for damages

A. 1) Property damage 1) On the basis of the facts of recognition and assessment, based on the lost income equivalent to the operating capacity lost by the deceased due to the instant traffic accident, the following: (a) pursuant to the Hofman Calculation Act.