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(영문) 서울중앙지방법원 2016.11.04 2016가단5091669

손해배상(자)

Text

1. As to Plaintiff A’s KRW 328,191,746, Plaintiff B, C, D, and E, respectively, and each of the said money. < Amended by Act No. 13924, Jan. 1, 2016>

Reasons

1. Occurrence of liability for damages;

A. Fact 1) F is a freight vehicle of G 1 ton (hereinafter “Defendant vehicle”) around January 12, 2016, around 14:23, 2016.

(B) While driving the vehicle and driving the vehicle at the B of the Ist annual salary intersection in Hongcheon-gun, Hongcheon-gun, the front part of the K Obba, which is driven by the J in accordance with the new sub-paragraph, is considered as the front part of the Defendant’s vehicle (hereinafter “instant accident”).

(2) The J died due to the instant accident.

(3) The Plaintiff A is the mother of the Deceased, and the rest of the Plaintiffs are the brothers and sisters of the Deceased, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract with respect to the Defendant’s vehicle. [Grounds for recognition] of absence of dispute, Gap 1, 3, 4, 16-22, evidence Nos. 2-7 (including virtual numbers, and the purport of the entire pleadings)

B. According to the above facts of recognition of liability, the defendant is the insurer of the defendant vehicle and is liable for the damages suffered by the plaintiffs, who are the deceased and their bereaved families.

C. The limitation of liability: (a) the instant accident place is where the left-hand turn is allowed; (b) so, the deceased, as well, was negligent in driving his vehicle at the left-hand turn in the front bank without the license while driving it safely; and (c) such negligence was caused by the occurrence of the instant accident and the expansion of damage; (d) the deceased’s rate of negligence shall be 10%; and (e) the Defendant’s liability shall be limited to 90%.

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 amount of damages at the time of the accident shall be calculated by deducting the interim interest at the rate of 5/12 per month.