(영문) 서울중앙지방법원 2018.11.23 2017가단108972

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.11.23 2017가단108972

손해배상(자) 청구의 소

Text

1. The Defendant: (a) KRW 178,704,644; (b) KRW 175,368,644; and (c) KRW 175,368,644; and (d) from November 26, 2017 to November 2018.

Reasons

1. Occurrence of liability for damages;

A. The recognition of the facts 1) D is a G freight vehicle (hereinafter referred to as “Defendant vehicle”) at an insular speed along two-lanes from the direction of the F plant to the shooting distance of the sub-park, both of the two-lanes E, Yangju-si around November 14:49, 2017.

) While driving a vehicle, while neglecting the duty of the front and rear space, H was placed in front of the direction of the operation of the vehicle at issue, while driving the vehicle at issue, and was placed with the wheels (hereinafter “instant accident”).

2) On November 28, 2017, H died of a long-term part of the instant accident.

(B) According to the fact of recognition of liability, the Defendant, as an insurer of the Defendant vehicle, is responsible for compensating the deceased and the Plaintiffs for the damages incurred by the deceased due to the instant accident, barring any special circumstance. However, even though the deceased was a child of the age of four, he was in the state of the lack of his ability to change, the Plaintiff was not a parent but was in the state of protecting and supervising the deceased, and the Plaintiff was negligent in neglecting his duty to protect and supervise the deceased, and such negligence was caused by the occurrence of the damage and the expansion of damage caused by the instant accident, and thus, the Defendant’s liability is limited to 80% of the Defendant’s liability. [In the absence of any grounds for recognition, the evidence No. 1, No. 7, and the purport of the entire pleadings, as a whole, the purport of the entire pleadings.

2. The scope of liability 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 per month to the interim interest rate.

유사 판례

-대전지방법원서산지원 2019.06.19 2018가단54786

-서울중앙지방법원 2016.05.27 2015가단177325

-서울중앙지방법원 2018.02.23 2017가단51212

-서울중앙지방법원 2018.11.14 2017가단5207249

-서울중앙지방법원 2016.08.19 2015가단5355861