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(영문) 서울중앙지방법원 2020.07.24 2019가단5087715

손해배상(자)

Text

1. The Defendant: (a) from December 8, 2018, the Plaintiff’s KRW 40,000, KRW 46,905,188, and each of the said money to Plaintiff A and the said money to Plaintiff B and C.

Reasons

1. Occurrence of liability for damages;

A. 1) E is a F rocketing car under the influence of alcohol at around 07:50 on December 8, 2018, under the influence of alcohol content 0.081% (hereinafter “Defendant vehicle”).

) A driving of a vehicle and driving a two-lanes of the two-lanes of the two-lanes of the northwest road in the southwest of the Yong-gu Seoul Special Metropolitan City, the two-lanes of the two-lanes of the northwest road. A rash car, which intrudes on the right side of the moving direction and proceeds in one-lane opposite to the other one, has been driven by the median line, and the I K5 car was driven by H going in the two-lanes of the two-lane (hereinafter “instant accident”).

2) Around 11:00 on the same day, H died due to damage to dubal due to an accident, etc.

(hereinafter referred to as “H. 3”) The Plaintiffs are the deceased’s spouse, Plaintiff B, and C’s inheritors. The Defendant is the insurer who entered into a comprehensive automobile insurance contract against the Defendant’s vehicle. [Grounds for recognition] The Defendant is the insurer who entered into a comprehensive automobile insurance contract against the Defendant’s vehicle. Each of the descriptions and images (including the number of pages) in Gap’s evidence Nos. 1 through 3, and 11. The same shall apply

- The purport of the whole pleadings

B. As the deceased died due to the operation of the Defendant’s vehicle to recognize liability, the Defendant is liable to compensate for the damage caused by the death of the deceased as the insurer of the vehicle.

The defendant shall not accept the allegation that the deceased's negligence of neglecting his duty of care in the front time, but there is no evidence to prove it.

2. Except as otherwise stated below within the scope of liability for damages, each corresponding item of the attached Table of Calculation of Compensation Amount.

The period for the convenience of the calculation shall be calculated on a monthly basis, and the period of less than the last month and less than KRW 1 shall be discarded.

The current price calculation at the time of the accident of this case shall be based on the discount method that deducts intermediary interest at the rate of 5/12 per month, and the amount to be deducted shall be deducted from the principal of the amount of damages.

It shall be rejected that the parties' arguments are not separately explained.

[Reasons for Recognition]