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(영문) 서울중앙지방법원 2016.01.14 2014가단217400
손해배상(자)
Text

1. The defendant's 67,694,903 won to the plaintiff A, 66,194,903 won to the plaintiff B, and 2,00,000 won to the plaintiff C and this.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition D driving a taxi around 00:34 on September 29, 2013, and driving the E-si and driving the two-lane of the two-lane road in front of the Southern 1 Tunnels from the southsan 1 to the intersection at a speed of about 50km in speed from the southsan 1 to the intersection, while changing the two-lane to the one-lane line from the two-lane to the one-lane, the F, which was used under the influence of alcohol between the former 1 lane and the two-lane, was shocked with the front part of the said taxi (hereinafter “instant accident”). Accordingly, F died of the heart and the multiple long-term zone, etc.

Plaintiff

A is the father of the net F (hereinafter referred to as “the deceased”), the mother of the deceased, the plaintiff C is the subject of the deceased, and the defendant is the mutual aid contractor who has entered into a mutual aid agreement with the above taxi driven by D.

[Evidence] Evidence Nos. 1, 2, 6, Eul Nos. 1, 2, and 3 and the purport of the whole pleadings

B. According to the facts found as above, since D driving the above taxi caused the instant accident and caused the death of the deceased, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident.

C. Inasmuch as, at the time of the instant accident, the Deceased was under the influence of alcohol at night, the Defendant’s liability is limited to 30% in consideration of such circumstances.

(70%) 2. The current calculation shall be made in accordance with the Hofman calculation method, which deducts intermediate interest at the rate of 5/12 per month of the scope of liability for damages, to the simple interest, and the monthly below and below the won for the convenience of the calculation shall be discarded.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 4, the purport of the whole pleadings

A. Personal information (net income) 1: Gproductive male (the remaining 22 years old at the time of the instant accident): The Plaintiffs equivalent to the daily wage of urban ordinary workers shall be the deceased in the third year of the public university at the time of the instant accident.

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