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(영문) 광주지방법원 2016.08.17 2015가단532301

손해배상(자)

Text

1. The Defendant: (a) from February 21, 2015, the Plaintiff 106,287,345 won, Plaintiff B, and C, respectively, and each of the said money. < Amended by Act No. 1320, Feb. 21, 2015>

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) D, while under the influence of alcohol on February 21, 2015, around 07:35, 07:068% of the blood alcohol content, she driven a e-car and passed from the right edge to the right edge on the side of the west-gu Seoul by disregarding red signaling the red signal along the intersection of the west-gu west-gu west-gu west-dong, and then passed the west-do west-dong along the right edge from the southwest-west to the right edge of the f driver’s G truck that passed the above intersection from the southwest-west to the right edge of the car (hereinafter “instant accident”) and caused the death of F (hereinafter “instant accident”).

(2) The Defendant is an insurer who entered into a comprehensive insurance contract for the said automobiles.

3) Plaintiff A is the F’s wife, Plaintiff B, and C’s own consciousness. [Grounds for recognition] There is no dispute, Plaintiff A’s evidence Nos. 1 through 4, 6, and 8 (each of the entries, images, and arguments, including each number, and the purport of the whole pleadings.

B. According to the above acknowledged facts, the defendant is liable to compensate F and the plaintiffs for damages caused by the accident of this case pursuant to Article 724 of the Commercial Act.

C. The driver of a vehicle driving under the normal signals at an intersection where a signal apparatus subject to limitation on liability for damages is installed cannot be said to have a duty of care to drive in preparation for other vehicles to proceed in violation of the signal, unless there are special circumstances. Thus, F’s care is not recognized in relation to the instant accident.

2. In addition to a separate statement below the scope of the amount of damages, it shall be calculated at present in accordance with the calculation method in the attached sheet of damages (in accordance with the calculation method in which interim interest is deducted at the rate of 5/12 per month, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but the period for the convenience of calculation shall be calculated on a monthly basis, but it shall be excluded that the amount less than a month is included on the side which is less than the cost and less than the last month), and that the parties’ arguments which are not separately explained.

Personal information on the daily income, the name of the lease, and the date at which the name of the lease is terminated: Attached Form.

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