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(영문) 서울중앙지방법원 2016.10.14 2015가단146758
손해배상(자)
Text

1. The Defendant: (a) on June 24, 2015, the Plaintiff KRW 32,055,382 to Plaintiff A and each of the said money to Plaintiff B and C, respectively.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) D is Ebter II Freight (hereinafter “Defendant Vehicle”) around 06:35 June 24, 2015, around 06:35.

(ii) by negligence, on the front of a G cafeteria located in the F of the Gu in Ansan-si, moving back a sports field shooting range from the surface of the G cafeteria on the front of the G cafeteria located in the F of the Gu and did not properly look at the rear. At that time, the network H (hereinafter “the network”) walking on the rear side of the Defendant’s vehicle;

(1) The instant accident was caused by large-scale scarcitys, etc. (hereinafter “instant accident”).

2) The Plaintiffs are the deceased’s children, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

3) On July 14, 2015, the Defendant agreed to pay KRW 27,083,560 to I, who is the husband of the deceased, as well as KRW 27,083,560. [Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1 through 8 (including the number with a branch number), Eul evidence No. 1 and the purport of the entire pleadings.

B. According to the above facts of recognition of liability, the insurer is liable for damages suffered by the deceased and the plaintiffs due to the accident of this case.

C. In the instant case where the Defendant’s vehicle, as to whether to limit liability or not, did not have any responsibility for the Deceased’s occurrence of an accident, inasmuch as the Defendant’s vehicle unilaterally conflicted with the Deceased, which is a pedestrian. Therefore, there is no reason to limit

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.

In addition, it is rejected that the parties' arguments are not stated separately.

Personal information 1) Personal data of the deceased: The entry in the “basic matters” column of the attached amount of damages calculation sheet is as follows. 2).

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