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(영문) 서울동부지방법원 2019.07.05 2018가단143623

손해배상(자)

Text

1. The Defendant: (a) KRW 310,277,839, respectively, and 5% per annum from October 13, 2018 to July 5, 2019, respectively, to the Plaintiffs.

Reasons

1. Occurrence of liability for damages;

A. The facts subsequent to the facts of recognition do not conflict between the parties, or are recognized in full view of the overall purport of the pleadings at each video of Gap evidence Nos. 1, 2, 7-6, and Gap evidence No. 1-1 to 6.

1) On October 13, 2018, Nonparty D was under the influence of alcohol, and around 21:13, 2018, Nonparty D was a FNAS car on the road in front of the Songpa-gu Seoul E market (hereinafter “instant car”).

) While driving a vehicle in violation of the signal, the vehicle did not take measures such as rescue and other measures despite taking Nonparty G, which was a crosswalk in accordance with the pedestrian signal with the above vehicle’s left side, and the vehicle escaped as it was and caused G to die with the two external traumas and the alleys around 03:13 following day (hereinafter “instant accident”).

2) As to the instant accident, D was indicted for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death Caused by Escape) and the violation of the Road Traffic Act (driving) and sentenced to imprisonment for three years (Seoul East Eastern District Court 2018Kadan3629, the above court 2019No430). 2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract for the instant passenger car.

3 The Plaintiffs jointly inherited their shares as their parents of G. G.

B. According to the facts of recognition on the basis of liability, D is found to have violated its duty to avoid the accident by putting the front door and observing the signal while driving the instant vehicle. Accordingly, D is deemed to have caused the instant accident.

Therefore, the defendant, who is the insurer of the automobile of this case, is obligated to compensate for the damages suffered by G and the plaintiffs who are their parents due to the accident of this case.

2. Scope of liability for damages

A. G’s lost income loss in the amount equivalent to the total monetary value of capacity lost due to the instant accident shall be limited to the method of deducting intermediate interest at the rate of 5/12 per cent per month on the basis of the facts of recognition and evaluation as follows.