손해배상(자)
1. The Defendant: (a) against the Plaintiff A, KRW 199,740,915, KRW 129,044,075, and each of the said amounts, respectively, to the Plaintiff B and C. < Amended by Act No. 11504, Dec. 2, 2012>
1. Basic facts
A. The Defendant is an insurer who entered into an automobile comprehensive insurance contract for E vehicles (hereinafter “instant vehicle”) with D, and the Plaintiff is the spouse of the net F, Plaintiff B, and C. The said deceased’s children.
B. D, around 22:00 on December 27, 2012, driving the instant vehicle and neglecting the duty of care while driving the two-lane road of the third-lane road in front of G G in front of the Dong-dong Road in the front of Dong-dong Road in order to keep the two-lane of the third-lane road from the boundary of the road in front of Dong-dong Road in order to cause the death of F by shocking the “F crossing the crosswalk to the right side of the instant vehicle from the right side of the running direction.”
(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, entry in Gap evidence 1 through 3, and evidence 8 (including branch numbers), and the purport of the whole pleadings.
2. Determination
A. According to the above basic facts, as F dies due to the instant accident occurred by D’s negligence, the Defendant who acquired D’s liability for damages is liable to compensate the Plaintiffs, who are F’ heir, for damages caused by the instant accident.
However, it is reasonable to limit the defendant's liability to 90% in light of the following circumstances, which are acknowledged as comprehensively considering the overall purport of the pleading in Gap evidence Nos. 1 and Eul evidence Nos. 1 and the following circumstances, namely, the location of the accident in this case is a place where there is no pedestrian signal, etc., and the F did not properly look at the surrounding area at the time of crossing the accident in this case.
B. Except as otherwise provided under the scope of damages, it is listed in the attached Form No. 1.
In principle, the period shall be calculated on a monthly basis, but the amount less than a month for the convenience of calculation shall be included in the side on which the amount is less than the won and the amount less than the last month shall be discarded, and the calculation of the value as at the time of the accident shall be governed by the discount method that deducts the interim interest at the rate of 5/12 per month.