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(영문) 서울중앙지방법원 2018.09.19 2017가단5167280

손해배상(자)

Text

1. The Defendant: (a) from March 5, 2016 to Plaintiff A, KRW 32,176,544, respectively, and each of them. < Amended by Presidential Decree No. 27079, Mar. 5, 2016>

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) D is as follows: (a) A car at around 19:13, March 5, 2016 (hereinafter “Defendant vehicle”).

) A driver of the Gyeongcheon-gun, a road near the F in the Gyeongcheon-gun of the Gyeongcheon-do, was driven by G containing the right part of the road on the right side by the front panion, etc. while driving the road into the wind gate by the wind gate of the wind gate. (hereinafter “instant accident”).

2) On the same day, G (hereinafter “the deceased”) died from cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spon.

3) The Plaintiff A is the deceased’s spouse, and the Plaintiff B and C 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. [Grounds for recognition] The fact that there is no dispute, Gap’s evidence 2 through 4, Eul’s evidence 2 and 3 (including paper numbers, the purport of the entire pleadings)

B. According to the facts of recognition of liability, the defendant, the insurer of the defendant vehicle, is liable for damages suffered by the deceased and the plaintiffs due to the accident of this case.

C. Limit of liability, however, on a road that is not distinguished from the sidewalk and the roadway, pedestrians must pass along the roadside or the roadside in the direction opposite to the sidewalk. The Deceased is erroneous in walking on the right side of the road in the direction where the Defendant Vehicle is driving, and such errors contributed to the occurrence of the instant accident and the expansion of damages, and thus, the Defendant’s liability is limited to 95% in consideration of these circumstances.

2. Except as otherwise stated below within the scope of the liability for damages, each of the corresponding items of the Schedule of Calculation of Compensation for Damages, and the period for calculation convenience shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

It is rejected that the parties' arguments have not been separately explained.

Personal information on lost income: A statement of the amount of damages calculated in attached Form.