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(영문) 서울중앙지방법원 2016.02.17 2015가단5167545
손해배상(자)
Text

1. The Defendant’s each of the Plaintiffs KRW 21,166,66,66 as well as 5% per annum from March 15, 2014 to February 17, 2016.

Reasons

1. Occurrence of liability for damages and limitation on liability;

A. On March 15, 2014, the deceased E (hereinafter referred to as “the Deceased”) suffered from an injury, such as cardio-cerebral cerebral cerebral typosis, etc. on the F vehicle owned by the Defendant (hereinafter referred to as “Defendant”) that was driven by the Defendant on the road where the Defendant was located near the 21 KSC apartment-ro 4-gil, Madon-ro, Madon-ro, Madon (hereinafter referred to as “the instant accident”), and died on November 28, 2014.

B. The Plaintiff is the deceased’s own consciousness, who inherited one-third of the deceased’s property, respectively.

C. The instant accident is attributable to the operation of the Defendant’s vehicle, and the Defendant, the owner of the Defendant’s vehicle, is liable to compensate the Plaintiffs for damages caused by the instant accident.

However, the defendant's responsibility is limited to 90% of the total damages in consideration of all the circumstances, such as the fact that the accident site of this case is a round road without distinguishing the sidewalk from the roadway.

[Ground of recognition] Gap evidence Nos. 1 through 10 (including branch numbers, hereinafter the same shall apply), Eul evidence Nos. 1 and the purport of the whole pleadings

2. Scope of liability for damages

A. The Plaintiffs held that the claim for the medical expenses was filed with the Defendant for KRW 29,192,740, out of KRW 49,192,740, which was paid from the date of the instant accident to the time of death.

In full view of the reasoning of the evidence No. 11 and the argument as a whole, KRW 49,192,740 of the deceased’s medical expenses incurred from the date of the occurrence of the instant accident until the time of the deceased’s death, and KRW 20,000,000 was fully borne by the Mez Marine Insurance Co., Ltd. (hereinafter “Mez fire”) which entered into a contract with the Plaintiff for accident insurance with the Plaintiff, and recovered KRW 29,192,740,00 from the Dongbu Fire Marine Insurance Co., Ltd., the liability insurance company of the Defendant’s vehicle, and the Plaintiff claimed KRW 29,192,740 (= KRW 49,192,740 - KRW 20,000) for which the Mez fire was not recovered.

(b).

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