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(영문) 서울중앙지방법원 2017.04.21 2015가합523925

손해배상(기)

Text

1. As to the Plaintiff A’s KRW 2,266,40, Plaintiff B, C, D, and E, respectively, and each of the said KRW 1,510,933 and each of the said KRW. < Amended by Presidential Decree No. 25505, Sep. 2, 2014>

Reasons

Basic Facts

Plaintiff

A is the spouse of the net F (hereinafter referred to as "the deceased"), and the children of the deceased, B, C, D, and E are children of the deceased.

The defendant is the person responsible for the maintenance and management of roads at the following traffic accidents.

On September 26, 2014, the deceased driving a G Mt Motor Vehicle (hereinafter “instant vehicle”) around 19:35, and driving the national highway located in Hongcheon-gun HI (hereinafter “instant road”) in Hongcheon-gun, Gangwon-do (hereinafter “instant road”); and the said road’s point of accident on the instant road (hereinafter “the instant accident point”) into the J-section from the J-section to the K bank.

The right is adjacent to the L Stacks.

After the center line of the road was invaded, the vehicle of this case shocked a drick-type protective fence installed on the opposite street, and the deceased died due to the accident.

(See Attached Form). Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Trisung Fire”) is an insurer who has entered into a personal automobile comprehensive insurance contract with respect to the instant vehicle.

Samsung Fire paid KRW 490,00 to the restored enterprise at its repair cost on October 6, 2014 due to the instant accident. The Plaintiffs paid KRW 572,980 as medical expenses on November 7, 2014, and the agreed amount of KRW 168,15,640 as of November 10, 2014 (i.e., 120,15,640 funeral expenses of KRW 3,000,00 for funeral expenses of KRW 120,15,640 as of November 15, 2014 (i.e., 45,000,000 for death) and each of them paid KRW 1,585,00 for one’s own insurance proceeds on November 19, 2014 (=1,735,000 - KRW 150,000 for remainder of goods).

The sum of the deceased’s consolation money of KRW 32,00,000,000, Plaintiff A’s consolation money of KRW 5,000,000, and the remainder of the Plaintiffs’ consolation money of KRW 8,000,000 (=2,000,000 x 4) is the sum of the deceased’s consolation money of KRW 32,00,000.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 4, 5, 8, 9, 15, 21, 22, Eul evidence Nos. 1, 7, and 8, Eul evidence Nos. 6, Eul evidence Nos. 2-1, and 2-2, Hongcheon Chief of this Court's red Chief of Police Station, fact-finding inquiry reply to Samsung Fire, and the purport of the whole argument as to the liability for damages, are in accordance with the plaintiffs' alleged road safety facilities and management guidelines.