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(영문) 서울중앙지방법원 2015.12.18 2015가단5227577

손해배상(자)

Text

1. The Defendant: (a) from April 30, 2015, respectively, KRW 226,280,66 to Plaintiff A and B; and (b) KRW 3,00,000 to Plaintiff C and each of them.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) D is a vehicle E around April 16, 2015 (hereinafter “Defendant vehicle”). D is a vehicle on April 30, 2015 (hereinafter “Defendant vehicle”).

(i)the third side distance on the west-si to the west-si is in contravention of the signal from the inside of the west-si to the Gyeongcheon Bathing Beach, and the network F (hereinafter referred to as “the network”) with which the crosswalk was dried according to the pedestrian signal;

2) The deceased died on his job (hereinafter “instant accident”). As a result, the deceased died on his job (hereinafter “instant accident”).

2) The Plaintiff A and B are the parents of the Deceased, and the Plaintiff C is the decedent of the Deceased, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract against the Defendant’s vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 5, 14 (including paper numbers), the purport of the whole pleadings]

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

다. 책임 제한 주장에 대한 판단 피고는, 망인에게도 버스승강장에 정차한 버스 앞에서 횡단보도를 뛰어서 건넌 과실이 있으므로 이를 감안하여 피고의 책임을 제한하여야 한다고 주장하나, 망인은 보행신호에 따라 횡단보도를 건넜으므로 과실이 있다고 할 수 없다.

Therefore, the defendant's above assertion is without merit.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation 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 current price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

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

Personal information 1) Personal information: as stated in the “basic matters” list of the amount of damages calculated in attached Form 1: Income: The daily wage for rural communities, the number of working days, March 25 of the month.