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(영문) 서울중앙지방법원 2015.06.26 2014가단5302440
손해배상(자)
Text

1. The Defendant: (a) KRW 9,946,635; (b) KRW 6,696,635; and (c) KRW 6,635; and (b) KRW 6,635, respectively, to Plaintiff A from July 4, 2014.

Reasons

1. Occurrence of liability for damages;

A. (1) On July 4, 2014, the Plaintiff was driving D-motor vehicle (hereinafter “Defendant-motor vehicle”) with a sirened on and around 1:20 on July 4, 2014, and was driving three-lanes around 400, a high speed of 400 square meters in the vicinity of the Songpa-gu Seoul, Songpa-gu, Seoul, at a speed of about 87 kilometers from the boundary of the moving-distance to the boundary of the seat of the two-lanes, the Plaintiff shocked the network E in which the Plaintiff, along the direction of the vehicle driving, cross the road adjacent to the crosswalk on the left side of the crosswalk without permission from the right side of the vehicle, and the Deceased died of cerebriform on the same day at around 14:22.

(2) The Plaintiffs were paid KRW 90,000,000, in total, as the liability insurance amount of KRW 45,000,000, respectively, to the Plaintiff’s children, who are the Defendant’s liability insurance company (hereinafter “instant accident”).

[Ground for Recognition: Unsatisfy, Gap evidence Nos. 1 through 32 (if each has a number, including a branch number; hereinafter the same shall apply)

(iii) Nos. (2) and (3), and the purport of the entire pleading

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs due to the accident of this case.

C. However, according to the above evidence, in full view of the fact that the deceased committed an error of crossinging the three-lane road without permission during the late night, the deceased’s above error is deemed to have caused the occurrence of the instant accident and the expansion of damages, and thus, the Defendant’s liability is limited to 65% by taking account of such error.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation 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.

A. The part of the deceased’s damage compensation (except the above materials).

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