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(영문) 서울중앙지방법원 2015.10.30 2014가단5304705

손해배상(자)

Text

1. The Defendant: (a) from June 21, 2014 to Plaintiff A, KRW 30,392,712, respectively, and each of them. < Amended by Presidential Decree No. 25305, Jun. 21, 2014>

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 00:55 on June 21, 2014, D driving a vehicle for E (hereinafter “Defendant vehicle”) and driving the front road in front of the Incheon Yeonsu-gu, Incheon, at the speed of about 100km from the Incheon, to the 2nd intersection, resulting in death by shocking the network G (hereinafter “the network”).

(2) The Plaintiff is the husband of the deceased, and the Plaintiff B and C are the children of the deceased, and the Defendant is an insurance company that entered into a comprehensive automobile insurance contract with the Defendant vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 5, 12 (including paper numbers), the purport of the whole pleadings]

B. According to the above facts of recognition of liability, the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case.

C. Limit of liability, however, the deceased is negligent in disregarding red pedestrian signals at night, and the above negligence caused the instant accident. Therefore, the defendant's responsibility is limited to 50% in consideration of this point.

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 price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

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

Personal information 1) Personal data: as stated in the “basic matters” list of damages calculation sheet: 2) Income and operating period: The Deceased of Urban Daily Wage has been working as an insurance solicitor since 2008, but the gross income in 2013 is KRW 38,963,818, and this simple expense rate is applied.