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(영문) 서울중앙지방법원 2018.10.17 2016가단5154188

손해배상(자)

Text

1. The Defendant’s KRW 159,056,328 as well as the Plaintiff’s annual rate from August 27, 2015 to October 17, 2018.

Reasons

1. Occurrence of liability for damages;

A. At around 18:15, August 27, 2015, B: (a) a car C (hereinafter “Defendant vehicle”) is deemed to be a “Defendant vehicle.”

) A D (hereinafter referred to as “the network”) crossing the road from the right side to the left side while driving the road in front of the bus stops of the Seoul Special Metropolitan City Simbro 2-ri bus stops at the time of strike.

3) The instant accident was shocked (hereinafter referred to as “instant accident”).

(2) In the instant accident, the Deceased died on October 6, 2015, while receiving hospitalized treatment, such as injury, such as the trophical wave for the right-side Sponsor, the right-side 3, and the 4-to-side pelvis, and the pelvise, etc., due to death on the part of the Deceased.

3 The plaintiff is the mother of the deceased, and the defendant is the insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.

B. It is difficult to view that the fluoral dysium, etc. caused by the instant accident directly to the deceased that the fluoral dysium was caused by the fluoral dysium, but, in light of the fact that the fluoral dysium was being treated by fixing the fysium to the right side due to the fluoral dysium, while the flasium was performed, limited to the right side on which the fluoral dysium performed operations and maintained the flasium, and there is no other cause that the fluoral dysium was caused to the deceased, the flas

Therefore, since the death of the deceased has a causal relationship with the accident of this case, the defendant, the insurer of this case, is liable to compensate the deceased and the plaintiff for the damages caused by the accident of this case.

C. The limitation of liability: (a) the physical quantity index of the deceased was 39 km/ square meters; (b) only those expenses are deemed to have contributed to the occurrence of the pulmonary blood electric failure; and (c) the degree of contribution is deemed to have been 20%, taking this into account, the degree of contribution 20% shall be considered in calculating the amount of damage in relation thereto.

In addition, the Deceased did not cross the road without permission at the time of the instant accident, and such errors caused the instant accident.