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(영문) 서울중앙지방법원 2019.04.03 2018나43448

위자료

Text

1. The defendant's appeal and the incidental appeal by the plaintiff (appointed party) are all dismissed.

2. The appeal shall be made by an incidental appeal; and

Reasons

1. Basic facts

A. The relationship 1) The parties’ relationship D is the wife of the network G. The Plaintiff (Appointed Party), the Appointed Party E, and F are the children of the network G. (2) Defendant C is the person who has caused a traffic accident as follows. Defendant B’s federation (hereinafter “Defendant Federation”) is the mutual aid business entity of H vehicle driven by Defendant C.

B. (1) Defendant C driving a H vehicle around 14:05 on June 28, 2013, at the time of the death of the deceased G, and at the same time, Defendant C cross-section with the intersection of the Han-dong Han-dong, Seog-gu, Seoul Special Metropolitan City (hereinafter “instant intersection”).

(2) Around December 5, 2017, G was under medical treatment at hospital and died on the part of the hospital, while G was under medical treatment on the part of the hospital on the part of the hospital. The collision between the two vehicles at the above intersection, which led to the collision between the two vehicles. As a result, the collision between the two vehicles occurred in the above intersection, which led to the occurrence of an obstacle, such as the eromatic probane, the eromatic probrosis, the erosion, the erosion, the erobrosis, the erosion, and the verbal disorder.

C. On March 17, 2014, the Defendant Federation filed a lawsuit seeking confirmation of the existence of an obligation against the deceased G on March 17, 2014 by Jeonju District Court 2014Da9283. On January 22, 2016, the said court rendered a favorable judgment in favor of the Defendant Federation on the grounds that medical expenses were paid to the deceased G in excess of the ratio of negligence, considering the ratio of negligence in relation to the instant traffic accident.

Therefore, the appeal court was continued to accept some of the appeal filed by the network G in accordance with 2016Na1598 of the same court. On November 17, 2017, the appellate court did not exceed 18,079,979 won with respect to the traffic accident of this case and 5% per annum from June 28, 2013 to November 17, 2017, and 15% per annum from the next day to the date of full payment.