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(영문) 서울북부지방법원 2017.09.06 2015가단145884
손해배상(자)
Text

1. The Defendant against the Plaintiff (Appointed Party) KRW 83,277,00,06, and KRW 50,518,004 and each of the said money to the appointed parties B and C.

Reasons

1. Facts of recognition;

A. The defendant is a mutual aid business operator who has entered into a mutual aid agreement with the company for light-day transportation and D business cars (from the following to the vehicle of this case) and the plaintiff (Appointed Party) is the spouse of the network E (from the next, the deceased), and the Selection B and C are their children.

B. F around June 7, 2015, around 02:30 on June 7, 2015, the two-lanes of H-do road in front of Dobong-gu Seoul Metropolitan Government G are driving the instant vehicle with a private distance range from among the definitions on the right side of the Changwon Intersection.

By negligence of neglecting Jeonju-si, the deceased who was crossing the road to the right side from the left side of the progress direction without permission, caused the death of the deceased due to a prop set-off, blood transfusion, etc.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 22, purport of the whole pleadings

2. According to the fact of recognition of the occurrence of liability for damages, the Defendant is liable to compensate the damage suffered by the Deceased, the Plaintiff (Appointed Party) and B, and C due to the instant accident as a mutual aid project operator of the instant vehicle.

3. The limitation of liability is limited to 50% of the Defendant’s liability in consideration of the various circumstances shown in the argument of the instant case, such as negligence where the Deceased without permission crossings the three-lanes as well as the situation at the time of the accident video.

4. Scope of damages.

A. The defendant's argument is not acceptable since it is insufficient to recognize that the deceased was a sking disability in the course of performing his/her work as a sking mold 174,036 won x 22 days x 2/3 (living cost deduction) x 106.9291 (1) x 106.9291 (1) x 50% of the limitation of liability x 136,469,760 (2) ] without any dispute over the facts that there was no dispute over each entry in the evidence A of subparagraphs 1 through 22, and the purport of the whole pleadings of the arguments, although the defendant alleged that there was a sking disability on the deceased in the course of performing his/her work as a sking mold, only on the basis of the result of the request for appraisal by the Korean Association for Evertebrate Science,

B. The background of the instant accident, circumstances after the accident, the deceased’s age, and consolation money.

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