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(영문) 서울중앙지방법원 2018.08.22 2017가단59483

손해배상(자) 청구의 소

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1. The Defendant: (a) KRW 284,002,558 to Plaintiff A; and (b) KRW 185,335,039 to Plaintiff B; and (c) to each of them. < Amended by Presidential Decree No. 28420, Jun. 21, 2016>

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) D is a vehicle E in around 23:57 on June 20, 2016 (hereinafter “Defendant vehicle”).

(B) A driving the Defendant’s vehicle, and driving the Defendant’s vehicle, the Defendant’s U.S. P. H. H. H. in front of the G convenience point was driven by the Defendant’s left-hand wheels of the Defendant’s vehicle (hereinafter “instant accident”).

2) On June 21, 2016, J (hereinafter referred to as “the deceased”) died at a multi-long term period of time on June 21, 2016.

3) The Plaintiff A’s spouse, the Plaintiff B’s children, and the Defendant is an insurer who entered into a comprehensive automobile insurance contract regarding the Defendant’s vehicle. [Grounds for recognition] The Defendant did not dispute, Gap’s evidence Nos. 1, 2, 7 through 10, and Eul’s evidence No. 2 (including paper numbers, and the purport of the entire pleadings)

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

C. Limit of liability: (a) there was an error in which the vehicle was frequently traveling in India to enter the parking lot at night under the influence of alcohol to the Deceased; and (b) such error contributed to the occurrence of the instant accident, taking into account these circumstances, the Defendant’s liability is limited to 70%.

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

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

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

Personal information 1) Personal data: as stated in the attached Form “basic matters” column for calculation of damages, income and 2).