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(영문) 서울중앙지방법원 2019.02.01 2018가단5069413

손해배상(자)

Text

1. The Defendant’s KRW 62,285,191 as well as the Plaintiff’s KRW 5% per annum from January 26, 2018 to February 1, 2019.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C is D Launa car around January 26, 2018 (hereinafter “Defendant”) around 05:25, 2018.

) While driving the vehicle and driving the vehicle along the 4-lane road located in the Dogcheon-ro, Guro-gu, Seoul Metropolitan City along the 344-lane road, E, who unauthorizedly crosses the road to the port from the right side of the running direction of the Defendant vehicle, was shocked into the front part of the Defendant vehicle (hereinafter “instant accident”).

(2) Due to the instant accident, E died on January 27, 2018 as a multi-presidential long-term force.

(hereinafter referred to as “E”. 3) The Plaintiff is the deceased’s children, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract with the Defendant’s vehicle. The Defendant is the insurer who has entered into an automobile comprehensive insurance contract with the Defendant. 【In the absence of any dispute”, Gap’s 1, 9 through 12, and Eul’s 1 (including all evidence attached with a serial number), the purport of the entire pleadings and arguments.

B. According to the above recognition of liability, the Defendant, as the insurer of the Defendant’s vehicle, has died due to the operation of the Defendant’s vehicle, barring special circumstances, is liable to compensate the deceased and the Plaintiff for the damages caused by the instant accident.

C. The Deceased subject to limitation of liability is erroneous in crossing the road without permission on the road on the pedestrian signal of red color before reaching the above crosswalk in the heart where the pedestrian signal was installed in the vicinity, and thus, the Deceased’s fault should be considered in calculating the amount of damages that the Defendant would compensate, but the Defendant’s liability should be limited to 40% by deeming the deceased’s fault as 60%, and the Defendant’s liability should be limited.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current value calculation at the time of the accident shall be the one that deducts the interim interest at the rate of 5/12 per month.