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(영문) 서울중앙지방법원 2016.01.28 2015가단5210760

손해배상(자)

Text

1. The Defendant: (a) KRW 130,457,226 for each of the Plaintiffs; and (b) 5% per annum from January 25, 2015 to January 28, 2016; and (c).

Reasons

1. Occurrence of liability for damages;

A. On January 25, 2015, at around 20:15, C driven a D high-speed car, and then proceeded at a speed of about 66 km per hour over the speed of 60 km at the speed of the speed exceeding 60 km at the speed of the speed of the speed of 66 km at the speed of the speed of tin-ri, west-gun, west-gun, west-gun, west-do, west-do, west-do, at the speed of the speed of 60 km-do at the speed of the speed of west-do, and died due to this (hereinafter “instant accident”).

Plaintiff

A is the father of the network E (hereinafter referred to as “the deceased”), the Plaintiff B is the mother of the deceased, and the Defendant is the insurer who has concluded a comprehensive automobile insurance contract for the said car driven by C.

[Evidence] Evidence Nos. 1 through 4, Nos. 1, 2, and 3, and the purpose of the whole pleading

B. According to the above facts of recognition of liability, C is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident, since C was driving the said car and caused the death of the deceased.

C. The Deceased’s liability is limited to 60% of the Defendant’s liability by taking account of the foregoing, given that the Deceased’s fault, at night, walking along the roadway to the right side of the road and walking to the right side,

(40%) 2. The current calculation shall be made in accordance with the Hofman Calculation Act, which deducts intermediate interest at the rate of 5/12 per month of the scope of liability for damages, to the simple interest, and the monthly below and below the won for the convenience of the calculation shall be discarded.

[Ground of recognition] Facts without dispute, purport of whole pleading

(a) Personal data (net) 1: Fproductive male (year 25 years old at the time of the accident in this case) income and operation period: Income equivalent to the daily wage of an urban ordinary father, and income deduction for living cost by April 6, 2049: 1/34 years old: Calculation of income: 329,857,421 won as stated below, as follows:

(b) Funeral expenses: 5,000,000 won; and

(c) responsibility;