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(영문) 울산지방법원 2017.02.22 2016가단9598
손해배상(자)
Text

1. The Defendant’s each of the Plaintiffs’ KRW 105,572,228 and KRW 68,072,228 respectively, respectively, shall be from August 26, 2015 to KRW 375 million.

Reasons

1. On August 26, 2015, while under the influence of 00:09, at zero point one17%, C was driven by a D-Wed-to-Wed-Wed-to-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-C-Wed-Wed-Wed-Wed-Wed

(hereinafter “instant accident”). E was killed due to the instant accident.

The plaintiffs are parents of E, and the defendant is the insurer who has concluded a comprehensive automobile insurance for the automobiles in this case.

[Reasons for Recognition] Unsatisfy, Gap 1 to 4, Eul 2, the purport of the whole pleadings

2. Determination on claim for damages

A. According to the facts as seen earlier prior to the occurrence of the liability for damages, the Defendant is the insurer of the instant automobile, and is liable for the damages suffered by the Plaintiffs, who are the bereaved family members of the Deceased and the Deceased,

B. However, according to the above evidence, the deceased could have used the crosswalk near the place of the instant accident, but may recognize the fact that the deceased, in violation of pedestrian signal at night, fell off the 7th line road without permission, and was faced with the instant accident.

In calculating the amount of damages of this case, such negligence of the deceased is considered, but the defendant's liability is limited to 50% of the total amount of damages.

(c)In principle, the period of time for calculating the scope of damages shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

1) Personal information of E: Income and operating period of E’s daily income: Urban daily wage (the average number of working days per month) between May 27, 2018 and August 26, 2056, for which the Plaintiffs seek, after entering the Gun after the Deceased became adult and completing the service period, after entering the Gun.

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