beta
(영문) 서울중앙지방법원 2017.08.10 2016가단136888

손해배상(자)

Text

1. As to the Plaintiff A’s KRW 53,098,961, Plaintiff B, C, D, and E, respectively, and each of the said money on August 16, 2016. < Amended by Presidential Decree No. 27508, Aug. 16, 2016>

Reasons

1. Occurrence of liability for damages;

가. 인정사실 (1) F은 2016. 8. 16. 12:55경 G 스타렉스 승합차(이하 ‘피고 차량’이라고 한다)를 운전하여 경북 성주군 H에 있는 I 앞 편도 1차로의 도로를 백천사거리 쪽에서 장산공단 쪽을 향하여 진행하던 중, 같은 방면에서 선행하던 J이 운전하던 경운기를 피고 차량의 앞 범퍼 부분으로 들이받아 J과 경운기 적재함이 탑승해있던 J의 처 K이 도로에 튕겨 떨어지게 하였다

(2) In the instant accident, J (hereinafter referred to as “The Network J”) and K (hereinafter referred to as “The Network K”) died due to cardiopulmonary function suspension, etc.

(3) The plaintiffs are the children of the deceased, and the defendant is the insurer who has concluded a comprehensive insurance contract with respect to the defendant's vehicle.

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, each entry or image of Gap 11 through 14 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the fact of recognition of liability, the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case as the insurer of the defendant vehicle.

(c) limitation of liability, however, the Defendant’s liability is limited to 90 per cent in relation to the death of the network K, as the network K was erroneous in boarding the light at the time of the accident.

2. In addition to the following separate statements in the occurrence of the liability for damages, the items in the following table of the liability for damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

[Ground of recognition] Facts without dispute, Gap 4, 6, 7, 8, 10 each.