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(영문) 광주지방법원 2016.10.19 2014가단41921
손해배상(자)
Text

1. The Defendant: KRW 50,805,696 to Plaintiff A; KRW 56,262,183 to Plaintiff B; KRW 43,805,696 to Plaintiff C; and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) Nonparty D (hereinafter referred to as “the Deceased”)

on April 27, 2014, at around 13:30 on April 27, 2014, the E-learning Vehicle (hereinafter referred to as “victim”) shall be the damaged vehicle.

(B) 1 ton of Non-Party H driver’s I (hereinafter referred to as “a sea vehicle”) who was driven by the driver and is proceeding in front of G in Young-gun, Young-gun, Jeonnam-gun, while driving the G road.

(2) The deceased was killed in the above accident, and the plaintiff B, who was on the top of the steering force of the damaged vehicle, was injured by the scambling of the scambris, etc.) the deceased and the plaintiff A were born between the deceased and the plaintiff B, and the plaintiff C was born between the deceased and the J.

Plaintiff

B is a de facto spouse of the deceased.

3) The Defendant is an insurer who entered into an automobile comprehensive insurance contract with H as an accident driver. The Defendant is an insurer who entered into an automobile comprehensive insurance contract with H. The ground for recognition of the existence of any dispute, evidence Nos. 1 through 5, 16, and evidence Nos. 3, 5, 6, and 7 (including each number, and the purport of the entire pleadings).

B. According to the fact of recognition of liability, the defendant is liable for damages suffered by the deceased and the plaintiffs due to the instant accident, as the insurer of the Aquatic Vehicle.

C. As to the claim for limitation of liability, the Defendant alleged that there was negligence on the part of the deceased and the Plaintiff, who did not wear the safety labelling at the time of the accident, or that there was a vehicle that the deceased did not drive properly even after discovering a sea-going vehicle that intrudes the central line. However, the statement of evidence Nos. 2 and 5 alone is insufficient to recognize it, and there is no other evidence to acknowledge it otherwise.

2. In addition to those stated separately below the scope of the deceased’s liability for damages, each corresponding item of the attached Table of the calculation of damages.

In principle, the period for the convenience of the calculation shall be calculated on a monthly basis, but the period of less than the last month and less than KRW 1 shall be discarded.

The current value calculation at the time of the accident shall be deducted from the interest rate of 5/12 per month.

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