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(영문) 서울중앙지방법원 2020.10.16 2020가단5090915
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 62,312,971, Plaintiff B, C, and D, respectively, and each of the said KRW 60,509,684 on March 28, 2019.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) F is a G Aburgn-tur vehicle under the influence of alcohol around 04:40 on March 28, 2019 at G 0.151% of alcohol content (hereinafter “Defendant vehicle”).

) A traffic accident in which, while driving his vehicle and driving his vehicle, two-lanes in front of the shooting distance of a hospital in front of the front of the two-lane 43-lane, the two-laneed road in front of the front direction of the Defendant vehicle go in front of the front direction of the vehicle by straighting in violation of the stop signal of the front direction of the Defendant vehicle, and the crosswalk crossings from the right side of the Defendant vehicle to the left side according to the pedestrian signal, are shocked by the front part of the Defendant vehicle (hereinafter “instant accident”).

2) On the ground of the instant accident, H died on its job without taking necessary measures, such as making rescue to the victim, etc.

(hereinafter referred to as “H. 3”) Plaintiff A is the deceased’s spouse, and the rest of the Plaintiffs are the deceased’s children, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract with the Defendant with respect to the Defendant. 【The fact that there is no dispute over the grounds for recognition, and the purport of the entire pleadings and arguments as to the entries or videos of evidence No. 1, 3, 5, 9, 10, and 1

B. According to the above recognition of liability, as the deceased died due to the operation of the Defendant’s vehicle, the Defendant, who is a mutual aid business entity, is liable to compensate the deceased and the plaintiffs for damages caused by the instant accident, barring special circumstances.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item 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 on a monthly basis, 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 the purport of rejecting all the arguments of the parties, which are not separately explained by the parties.

【Ground of recognition】 dispute.

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