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(영문) 서울중앙지방법원 2017.09.08 2016가단141026

손해배상(자)

Text

1. The Defendant: (a) on October 11, 2016, the Plaintiff KRW 63,155,031 and each of the said money to Plaintiff A, Plaintiff B, and C, respectively. < Amended by Presidential Decree No. 27575, Oct. 11, 2016>

Reasons

1. Occurrence of liability for damages;

A. Fact 1) D is the freight trucked E at around 12:40 on October 11, 2016 (hereinafter “Defendant vehicle”).

) A driver, while driving the vehicle and driving the vehicle at a point of 120.8 km (on the upper line) located in the northwest-gu, Busan Metropolitan City along the two-lanes between the two-lanes of the ebbb and the two-lanes of the ebbb-math in the ebbbbb. from the original bank to the two-lanes of the eb.g., the part of the FF driver's G-math cargo loaded on the eb.g., the vehicle at the front line of the defendant's vehicle and caused the latter to pass the vehicle (hereinafter referred to as the "accident in this case").

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

(hereinafter referred to as “F”. 3) Plaintiff A is the deceased’s wife, Plaintiff B and C are the deceased’s children, and the Defendant is the mutual aid business entity that entered into a mutual aid agreement with respect to the Defendant’s vehicle (based on recognition). [In the absence of dispute, the Plaintiff 1-3, and evidence Nos. 12-15 (including a serial number, the purport of the entire pleadings).

B. According to the facts of recognition of liability, the defendant is liable to compensate the damages suffered by the plaintiffs, who are the deceased and their bereaved family members, as a mutual aid business operator of the defendant vehicle.

2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 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.

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

1) Personal data: FH2) Income and the Deceased’s Employment Period are as follows. It is recognized that the Deceased has completed the commercial registration on October 24, 2005 as “I” and has been doing transportation business. In full view of all the circumstances such as the Plaintiff’s occupation and work experience, the Plaintiff’s work-related status survey report by employment type in 2016 is 13. Work experience, career, number and gender.