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(영문) 서울중앙지방법원 2017.05.19 2016가단5122617
손해배상(자)
Text

1. The Defendants shall be jointly and severally liable:

A. From May 7, 2015 to June 17, 2016, Plaintiff A with respect to KRW 2,940,430 and its amount.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant D’s freight E at around 06:00 on May 7, 2015, 2015 (Ma-1 vehicle of the forest, hereinafter “Defendant”)

(ii) the J-Motor vehicle operated by the G K, in front of the G oil station located in the west-gu, Western-si, Seocheon-si, and in front of the G oil station located in the west-gu, Seocheon-gu, with the first line of the aforesaid three-distance, in which I are in the atmosphere of signal, (e.g. Ma2 vehicles

(B) The lower part of the vehicle was shocked by the front part of the Defendant vehicle, and the shocked by the shocking part of the K rolling stock, which was parked on the front part of the Plaintiff vehicle and the front part of the front part of the vehicle in large direction, and parked on the front part of the vehicle in large direction (hereinafter referred to as the “instant accident”).

(2) The instant accident caused the death of L, who was on board the Plaintiff’s vehicle (hereinafter “the deceased”).

3) Plaintiff A’s wife, Plaintiff B’s wife, and Plaintiff C’s mother as the deceased’s mother, the Plaintiffs and the deceased are China’s Chinese nationality, and Defendant Eastern Fire Marine Insurance Co., Ltd. (hereinafter “Defendant East Fire Marine Insurance”).

(4) The plaintiff A is an insurer who has concluded an automobile insurance contract with respect to the defendant's automobile.) The plaintiff is paid 1,397,489 won ([8,35.51 won x 365 x 0.05 x 0.05)]/12 each month as the survivors' compensation annuity from the Korea Workers' Compensation and Welfare Service. The lump-sum survivors' compensation benefits set forth in attached Table 3 of the Industrial Accident Compensation Insurance Act are 14,862,163 won (average wage = 8,35.51 won x 1,300 days).

【Ground of recognition】 The fact that there has been no dispute, Gap 2, 3, 4, 8, Eul 4 (including all family cards with virtual numbers), the purport of the whole pleadings and arguments

B. According to the above recognition of liability, Defendant D is a tort unless there are special circumstances, as the deceased died due to the operation of the Defendant vehicle, and Defendant Dong Fire Marine Insurance is jointly and severally liable for the damages suffered by the Plaintiffs, who are the deceased and their families, as the insurer of the Defendant vehicle.

C. Limit of liability, however, in light of the scope and degree of injury suffered by the Deceased, the Deceased.

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