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(영문) 서울중앙지방법원 2018.10.26 2017가단5160593

손해배상(자)

Text

1. The Defendant: (a) KRW 84,107,662 to Plaintiff A; and (b) KRW 52,738,441 to the rest of the Plaintiffs, respectively; and (c) November 16, 2016.

Reasons

1. Occurrence of liability for damages;

A. On November 16, 2016, D = 23:15, 2016, the two-lanes of the two-lanes of the two-lanes near the Saemangeum-ro, Gunsan-si, Saemangeum-si, Gunsan-si, Gunsan-do, at a speed of approximately 104.9km in the speed of about the speed of 104.9km from the Yando to the Gunsan-do. (hereinafter “Defendant”).

F that crosses the road by negligence (hereinafter referred to as “the network”) while driving the road without due diligence.

) Abrupted and killed (hereinafter “instant accident”).

(2) Plaintiff A is the deceased’s spouse, and the rest of the Plaintiffs are the deceased’s children, and the Defendant is an insurer who entered into an automobile comprehensive insurance contract regarding the Defendant’s vehicle.

B. According to the facts of recognition of liability, the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as the insurer of the defendant vehicle.

C. The limitation of liability: (a) the center of the road in which the instant accident occurred is installed, and safety fences were installed on one side of the road; (b) the Deceased was erroneous in crossing the road at night; and (c) such mistake was caused by the occurrence and expansion of the deceased’s damage, and thus, the Defendant’s liability is limited to 50%, and the Defendant’s liability is limited to the remainder of 50%.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4, 5, the purport of the whole pleadings

2. The scope of liability 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 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.

In addition, it is rejected that the parties' arguments are not stated separately.

[Grounds for recognition] Each of the above evidence, significant facts, experience, and purport of the whole argument

(a)one personal data of lost income: Girs male;