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(영문) 부산지방법원 2016.11.17 2016가단310110

손해배상(자)

Text

1. As to each of the Plaintiffs’ KRW 195,029,131 and each of the said money, the Defendant shall pay to the Plaintiffs the year from August 14, 2015 to November 17, 2016.

Reasons

1. Occurrence of liability for damages;

A. On August 14, 2015, when the recognition network C leased DSS5 car (the Defendant’s mutual aid contract, hereinafter “the instant car”) from New International Penek, and carried the workplace E and network F (the Plaintiff’s children) with his/her mother, it fell under the centralized separation zone and down on the road following the road near the port of the IC, around August 14, 2015, around August 12:24, 2015. The networkF died on September 20, 2015.

(hereinafter referred to as “instant accident”). 【No dispute exists, Gap evidence Nos. 1 through 3, 7, and Eul evidence No. 1, and the purport of the entire pleadings.

B. The Defendant, as the insurer of the instant passenger car, is liable for all damages incurred by the networkF due to the instant accident.

However, the instant accident is limited to 65% of the Defendant’s responsibility in light of the equity and equity of the burden of damages and the good faith principle, as the accident occurred during driving by the network C under the name of the network C in order to take a summer leave together by the network F, E, and network C, a workplace club member.

2. Except as otherwise stated below within the scope of damages, it shall be excluded as stated in the separate sheet of calculation of damages, and it shall be rejected that the parties’ arguments are not separately explained.

The amount of damages shall be discarded less than the won and less than the month of the last month, and the amount shall be calculated according to the reduction rate which deducts the interim interest at the rate of 5/12 percent per month at the time of the accident.

(1) On December 31 of the year (204), from the date of the accident to the date of the age of 56 years (204), the calculation of the monthly income of the members of the agricultural production workers in the agricultural trial corporation, and the application of the urban daily wage of the ordinary workers in the report on the survey of the actual status of construction business from the following day to the date of the completion of the operation: 463,57,555 won

B. It is not recognized that the hospital was hospitalized in the hospital for the first time.

(c) Daily retirement allowance of 31,512,079 won (=36,054,488 won - Retirement allowance of 5,093,270 won)

(d) Funeral expenses KRW 5,000,000.