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(영문) 서울중앙지방법원 2017.08.10 2016가단5112108
손해배상(자)
Text

1. On March 11, 2016, the Defendant: (a) filed against Plaintiff A for KRW 24,413,998 and each of the said money to Plaintiff B and C, respectively.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) D, around 05:45 on March 11, 2016, driven a e-car (hereinafter “Defendant vehicle”) in the state of drinking alcohol concentration of 0.054% on blood alcohol content, and driving the e-car (hereinafter “Defendant vehicle”) along the two-lanes between five-lanes as Gangnam-gu Seoul, Gangnam-gu, Gangnam-gu, Seoul, along the parallel of five-lanes, from the edge of the Jinnam-gu, in accordance with the straight line, followed the F, on the left side of the Defendant vehicle, walking the crosswalk on the front side of the Defendant vehicle.

(2) The F (hereinafter “the deceased”) died due to the instant accident.

(3) The Plaintiff’s spouse, Plaintiff B, and C inherited the Deceased as his children, and the Defendant is an insurer who entered into a comprehensive insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence, Gap 13 evidence, Gap 13 evidence, Eul 1-3 evidence, video (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

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 accident of this case as the insurer of the defendant vehicle.

C. The limitation of liability: (a) the Deceased, as he/she is also at night, was negligent in crossing the crosswalk on the five-lane road for pedestrian red signal at night, so the Deceased’s negligence shall be deemed 60%, and the Defendant’s responsibility shall be limited to 40%.

2. In addition to the following separate statements within the scope of the liability for damages, the items in the following table of the 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.

[Ground of recognition] A.6.

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