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(영문) 서울중앙지방법원 2016.07.05 2015가단5235660

손해배상(자)

Text

1. As to the Plaintiff A’s KRW 110,022,957, Plaintiff B, and C, respectively, KRW 71,681,971 and each of the said money from May 13, 2015.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) D is a E-highest car under the influence of alcohol at around 03:28 on May 13, 2015, while under the influence of alcohol content 0.085%. (hereinafter “Defendant vehicle”).

(B) A driver’s license, driving on the G gas station in Ulsan-gun F, Ulsan-gun, and driving on the five-lane road in front of the G gas station in front of the G gas station in front of the G gas station in U. Ulsan-gun, the five-lane the road at the speed of about 94km (restricted speed of 80km) in front of the road in front of the road in front of the road in front of the road in front of the road in front of the road in front of the road in front of the road in front of the road in front of the road in front of the road in front of the road in front of the road in front of the road in front of the road in front of the road in front of the road in front of the road in front of the road in front of the road

2) Plaintiff A is the deceased’s wife, and Plaintiff B and C are the deceased’s children, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap 1 through 5, 17 evidence (if there are provisional numbers, including various numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above facts of recognition, since the deceased died due to the accident of this case, the defendant is liable to compensate the plaintiffs who are the deceased and their bereaved family members as the insurer of the defendant vehicle unless there is a special reason.

C. However, according to each of the above evidence, the deceased was involved in the accident of this case while walking along the inside of the roadway at night. Since the deceased's negligence is deemed to have caused the above accident, the defendant's liability is limited to 80% of the damage suffered by the defendant, taking this into account.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed damages calculation sheet shall be the same, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but shall be less than the last month and KRW 1.