(영문) 광주지방법원 2017.08.16 2016나58108

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(영문) 광주지방법원 2017.08.16 2016나58108

청구이의

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

(b)the responsibility to compensate for the damage is recognized;

However, in light of the time and background of the instant accident, road situation where the Deceased was galed, etc., which is recognized as a whole in light of the purport of the entire pleadings as seen earlier, it is reasonable to limit the Defendant’s liability to 85% by deeming the deceased’s fault ratio to 15%.

On the other hand, as it is based on the facts, the Plaintiff is liable for compensating the Defendant, as long as the Defendant paid KRW 48,163,910 to the deceased’s bereaved family members, and thus, the Plaintiff is liable for compensating the Defendant.

2) The deceased was 86 years old at the time of the instant accident, and a person engaged in general daily work in light of the empirical rule can work until he reaches the age of 60, and the lost profit for the deceased is not recognized.

B) Funeral expenses: 85% (2): 3,00,000 won *85% *85% *85% *50,50,000 won d): The circumstances surrounding the instant accident, the degree of negligence of the Plaintiff and the Deceased after the occurrence of the accident, whether the Plaintiff took relief measures after the occurrence of the accident, the amount of the death of the Deceased due to the instant accident, and the age of the Deceased and family relations, etc., shall be determined at KRW 7,50,000,000, in consideration of all the circumstances such as the following: (a) the amount of reasonable damages that the Plaintiff is liable to compensate for to the Deceased, etc.; and (b) the Plaintiff is obligated to pay the Defendant the amount of damages that the Defendant has paid to the Defendant as the insurance money within the reasonable scope, and damages for delay.

The plaintiff's above assertion on the premise that the amount of damages to the deceased is less than 20,000,000 won is without merit.

B. Compulsory execution following the payment of damages by the plaintiff.

유사 판례

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