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(영문) 서울중앙지방법원 2020.11.04 2019가단5273240

손해배상(자)

Text

1. The Defendant: (a) from July 16, 2019 to Plaintiff A, KRW 226,296,847, respectively, and each of them.

Reasons

1. Occurrence of liability for damages;

A. On July 16, 2019, at least 04:30 on July 16, 2019, Nonparty E was driving a F taxi (hereinafter “instant taxi”) from two lanes from 29.2 kilometers in Seoul, Gyeyang-gu, Incheon International Airport Expressway (hereinafter “instant taxi”), and due to the fact that Nonparty E was driving a G car, which was stopped in the reverse direction on the two lanes in the front direction due to the previous traffic accident (hereinafter “instant accident”), the passenger H (hereinafter “the deceased”), who was on the back of the instant taxi, died due to severe brain damage caused by two aggregates. The Defendant did not dispute between the parties to the instant taxi, or recognized the purport of subparagraphs 1 through 7, 1 through 18, as a whole, evidence Nos. 1 through 30, and 18, respectively.

B. According to the facts of recognition of the above liability, since the deceased died due to the operation of the taxi of this case, the defendant, who is the insurer, is liable to compensate for the damages incurred therefrom, unless there are special circumstances.

C. Limit of liability: (a) the Deceased did not have a safety levelt, which was the cause of the expansion of damages caused by the instant accident.

Considering the various circumstances recognized by Gap's evidence Nos. 10-32, 35, 37, Eul's evidence Nos. 5, 6, and Eul's evidence Nos. 8-1 through 3 and the purport of the whole pleadings, it is reasonable to limit the defendant's responsibility to 90%.

2. The scope of liability for damages of the deceased and the plaintiffs are as follows.

In principle, the period for the convenience of calculation shall be calculated on a monthly basis, but the period of less than the last month and less than KRW 1 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 parties' arguments are separate.