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(영문) 수원지방법원안양지원 2016.04.08 2015가단107463

손해배상(자)

Text

1. As to the Plaintiff A’s KRW 24,50,00, Plaintiff B, C, and D respectively, KRW 11,66,667 for each of the said money and each of the said money on July 17, 2013.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Nonparty E, at around 09:30 on July 16, 2013, drive a FDam-Mam-si in front of the Red-gun, Hong-gun, Hong-gun, Hong-gun, Hong-do, Hong-dong, Hong-do, Hong-do, in the direction of the village center, from Hong-do, to the Cheongyang-Eup, Yangyang-do, and neglected to do so. Nonparty E, due to the negligence of driving the FDam-si in front of the village center and neglecting to do so, was a net G (hereinafter referred to as “the network”).

2) The deceased died on June 9, 2015 (hereinafter “instant accident”) by shocking the deceased and causing serious injury to the deceased, such as a sandbaf, and the deceased died on June 9, 2015.

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the foregoing vehicle, and the Plaintiff A is the deceased’s wife, and the rest of the Plaintiffs are the deceased’s children.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 11, Eul evidence 2 to 3 (including each number), the purport of the whole pleadings

B. According to the above facts of recognition, barring any special circumstance, the Defendant is liable to compensate the Plaintiffs for the damages suffered by the instant accident as an insurer with respect to the said vehicle. (ii) However, as the Deceased did not look at the progress of the said vehicle at the time of the personal construction of the road and contributed to the occurrence and expansion of the damages caused by the governance negligence, the Defendant’s liability is limited to 90% by taking into account the negligence ratio of 10%.

2. Scope of liability for damages

A. The Plaintiffs alleged that they could obtain KRW 51,762,981, while engaging in agriculture at least 76 years of age at the time of the instant accident. However, in light of the fact that the Deceased was 76 years of age and 8 months of age at the time of the instant accident, it is difficult to recognize the Deceased’s loss of lost income solely on the basis of each of the statements in the evidence Nos. 6 and 10, in light of the fact that the Deceased had already completed the ordinary operating period due to remaining 76 months of age and 8 months of age at the time of the instant

The plaintiffs' assertion in this part is not accepted.

B. Funeral expenses: 5,00,000 won (Plaintiff A’s expenditure).