손해배상(자)
1. The Defendant from March 7, 2015 to Plaintiff A with respect to each of the said amounts as KRW 96,880,606, Plaintiff B, C, and D, respectively.
1. Basic facts
A. At around 19:40 on March 7, 2015, the Defendant driven a F Ethp car car (hereinafter “instant vehicle”) on its own, and operated in front of the entrance of the Yongsan-gun in Seongbuk-gun, Gyeongnam-gun, in excess of 26.7 km speed from the right side of the instant vehicle to the right side, while driving in excess of 26.7 km at the right side from the right side of the front side of the instant vehicle, the Defendant received a G crossing along the intersection from the right side from the left side of the instant vehicle’s running direction to the right side, and thereby died at the front part of the instant vehicle’s front part.
(hereinafter “instant accident”). (b)
Plaintiff
A is the husband of the net G (hereinafter referred to as "the deceased"), and the plaintiff B, C, and D are children of G.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, and 10 evidence (including paper numbers), the purport of the whole pleadings
2. According to the facts acknowledged as above, the instant accident was caused by the Defendant’s negligence, which caused the deceased’s failure to perform his duty at the front-time and violated the limited speed, and thus, the Defendant is liable to compensate for the damages suffered by the deceased and the Plaintiffs due to the instant accident.
However, in full view of the circumstances acknowledged by the aforementioned evidence and the purport of the entire pleadings, the defendant's liability is limited to 85% of the defendant's liability by taking account of the following: (a) at the time, the surrounding area was a night stop; (b) the road crossinged by the deceased was a road in a partial opening state as a construction section; and (c) the deceased has a duty of care to carefully examine whether the vehicle is driving in order to cross the road; and (d) the deceased's negligence seems to have contributed to the accident of this case.
3. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 shall be discarded.
The amount of damages at the time of the accident shall be calculated by deducting the interim interest at the rate of 5/12 per month.