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(영문) 대전지방법원 2016.06.08 2015가단221368

손해배상(자)

Text

1. As to Plaintiff A’s KRW 42,636,363, Plaintiff B, C, D, and E, respectively, and each of the said money. < Amended by Presidential Decree No. 26611,317, Apr. 1, 2015>

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 06:50 on April 19, 2015, F driven a G car (hereinafter “Defendant vehicle”) and proceeded with a shooting distance in front of the I Hospital located in the Cheong-gu, Seo-gu, Seo-gu. Even though the signal was changed, the signal continued to proceed in violation of the signal, and the Defendant’s vehicle was shocked from the right side of the vehicle to the left side of the vehicle by the JJ (hereinafter “the deceased”). Accordingly, the Deceased died due to the prolonged damage on the same day.

(2) The plaintiff A is the deceased's spouse, the plaintiff B, C, D, and E, and the defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the defendant's vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

B. According to the fact of recognition of liability, the defendant is liable for the damages suffered by the plaintiffs as the insurer of the defendant vehicle, and the accident in this case occurred due to the negligence of the defendant vehicle driver on the part of operating the vehicle in violation of the signal. Thus, the defendant's assertion of comparative negligence is rejected

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 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.

(1) The deceased on the basis of the daily income (1) was a male male, and the age of 70 years and 3 months was at the time of the instant accident, and the life expectancy of 14.19 was on June 23, 2029.

(2) Income: 3,505,195 won (3) living costs per month of a retirement pension for public officials: Accidents of 1/3 (4) of income.