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(영문) 서울중앙지방법원 2015.10.16 2013가단5062325

손해배상(자)

Text

1. The Defendant: (a) from February 20, 2013 to Plaintiff A, KRW 123,167,807, and KRW 127,807, respectively, and each of them.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) D is a vehicle E around 15:55 on February 20, 2013 (hereinafter “Defendant vehicle”).

) The driver’s license is the net F (hereinafter referred to as “the deceased”) with which the driver’s license used to drive a road in front of the Goak-dong Goak-dong Park, Goak-dong, Goak-dong, Goak-do, in contravention of the signal while driving the road in front of the Goak-dong Park, Goak-do.

2) The deceased died on the same day (hereinafter “instant accident”).

2) The Plaintiffs are the deceased’s children, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with the Defendant’s vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 5, 11 (including each number), the purport of the whole pleadings]

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the deceased and the plaintiffs due to the accident of this case.

C. The Defendant asserts that the Defendant should limit the Defendant’s liability by taking into account the fact that the deceased was negligent in crossing the deceased without being protected by his/her guardian as well as having been replaced by the pedestrian progress signal.

However, since the deceased crosses the crosswalk after the pedestrian signal was replaced by a disturbance, it cannot be said that there was any negligence.

Therefore, the defendant's above assertion is not accepted.

2. The current rate of the amount of damages at the time of the accident shall be calculated on the basis of the discount method that deducts intermediary interest at the rate of 5/12 per month, and the period for the convenience of calculation shall be calculated on a monthly basis, but the last month and the amount of less than KRW 1 shall be discarded.

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

1) Personal data: Girst, male, and female life expectancy 67 years old at the time of the accident: The deceased was suffering from the pelle and brain damage No. 1-2 in the 2003 due to the industrial accidents that occurred in the year of 203.