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(영문) 대구지방법원 김천지원 2018.05.03 2017가단34420
손해배상(자)
Text

1. The Defendant: (a) KRW 103,819,584 to Plaintiff A; and (b) KRW 102,219,584 to Plaintiff B; and (c) to each of them, from June 22, 2017 to June 2018.

Reasons

1. Basic facts

A. On June 22, 2017, C driving a D vehicle at around 21:20 on June 22, 2017 (hereinafter “Defendant vehicle”) and driving a three-distance ahead of the Gu-U.S. 25 U.S. Simsan 25-ro 8 Geumdol, Jindok-si, protruding from the front intersection to the front intersection.

C, as stated in the summary map at the scene of the accident, while driving a vehicle for the defendant at approximately 80km/h of speed exceeding 118.7km/h, the 3-distance above the front part of the defendant vehicle was shocked by E F. E F. E, which violated the left left-hand turn from the front part of the vehicle at the right f.o.b. of the front part of the vehicle at the right f.h.

(hereinafter “instant accident”). (b)

E was transferred to the hospital after the instant accident, and died on June 23, 2017 due to a serious trauma, etc. around 01:18.

The Plaintiffs are parents of the deceased E (hereinafter referred to as “the deceased”), and there was no spouse or lineal descendant at the time of the instant accident.

C. The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), Eul's video products as evidence Nos. 3, 4, and 5, the purport of the whole pleadings

2. According to the occurrence of liability for damages and the recognition of the above limitation, the defendant is liable to compensate the plaintiffs, who are bereaved families of the deceased and their bereaved families, for damages caused by the instant accident, unless there are special circumstances.

However, the Defendant’s liability is limited to 40% in calculating the amount of damages that the Defendant would compensate for, by taking into account the following circumstances: (a) the deceased’s negligence on the left-hand turn in violation of the signal was the main cause of the instant accident; and (b) the deceased was entering the second line, the straight line, and entered the left-hand turn at night; and (c) the deceased entered the second line.

(60%) 3. The computation of the present price at the time of the accident of the range of damages is based on the rate of 5% per month, which deducts the intermediate interest at a simple interest rate.

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