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(영문) 서울중앙지방법원 2017.04.12 2016가단5013300

손해배상(자)

Text

1. As to Plaintiff A, the Defendant: (a) KRW 84,659,881; (b) KRW 49,973,254; and (c) KRW 49,973,254, and each of the said money, from November 7, 2015 to July 2017.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) C is a D car at around November 23:58, 2015 (hereinafter “Defendant vehicle”).

) A driver of Seoul Special Metropolitan City, Nowon-gu, driving his driving and her front distance of the F in Nowon-gu, Seoul Special Metropolitan City, with the two-lanes of the monthly border from the underground road to the two-lanes of the monthly border road, he saw the offland of G in the atmosphere signal in the front bank (hereinafter “instant accident”).

2) As a result of the instant accident, G died at the site by suffering injuries, such as the two structural aggregate, heavy brain damage, and the left-hand aggregate;

(3) The Plaintiff is the deceased’s wife, the Plaintiff B is the deceased’s children, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle. [In the absence of any dispute over the grounds for recognition, the Plaintiff is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.]

B. According to the above facts, since the deceased died of the accident in this case, the defendant is liable for damages suffered by the plaintiffs, who are the deceased and their bereaved family members, as the insurer of the defendant vehicle.

C. In a case where the deceased did not wear the safety cap properly, and such mistake was caused by the occurrence of the instant accident and the expansion of damages, the Defendant’s liability ratio is limited to 90%.

(10%) 2. In addition to the items separately described below within the scope of liability for damages, the period for the convenience of calculation shall be calculated on a monthly basis in principle, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

It is rejected that the parties' arguments have not been separately explained.

Personal information 1) Personal information: as stated in the column for the “basic matters” in the attached Form for calculation of damages: 2) Income and operating period: Urban Daily Wage, and the instant case.