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(영문) 서울중앙지방법원 2019.06.19 2018가단29076
손해배상(자) 청구의 소
Text

1. As to the Plaintiff A’s KRW 1,00,000 for each of the said KRW 327,026,206, Plaintiff B, C, D, E, and F, and each of the said KRW 1,00,00 for each of the said KRW.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) H is a passenger car under the influence of alcohol at around 20:50 on July 13, 2017, under the influence of alcohol content 0.067% (hereinafter “Defendant vehicle”).

) While driving a vehicle and driving a vehicle, the Plaintiff, who was walking along the right edge of the road, was faced with the front part of the Defendant’s vehicle, thereby causing injury to the Plaintiff A, such as external cerebral cerebral cerebral cerebral cerebral cerebral cerebral Elimination (hereinafter referred to as the “instant accident”).

(2) The remaining plaintiffs are children of Plaintiff A, and the defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, 11, 12 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs due to the accident of this case.

C. However, according to each of the above evidence, the defendant's liability is limited to 90% by taking into account the above plaintiff's negligence (10%) as it appears that the plaintiff A was not able to sufficiently secure its safety while walking along the part that was over or over the part that was over at night, or that the delivery was cut off. Since the above plaintiff's error was a considerable cause for the occurrence of the accident in this case and the expansion of damage.

2. In addition to the matters stated below within the scope of liability for damages, each of the corresponding items 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 monthly, 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 on daily income: Attached Table 1 of the amount of damages.

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