(영문) 광주지방법원 순천지원 2018.01.24 2017가단77449

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(영문) 광주지방법원 순천지원 2018.01.24 2017가단77449

손해배상(자)

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1. The Defendant’s KRW 419,893,367 as well as the Plaintiff’s KRW 5% per annum from March 15, 2017 to January 24, 2018.

Reasons

1. Basic facts

A. B, around 00:45 on March 15, 2017, driven a C&L car (hereinafter “Defendant vehicle”) and driven the front intersection in D at the 1st, 2000-si, into one-lane, from the scrow to the wind-dle intersection, followed the F crossinging the road via the crosswalk.

(hereinafter “instant accident”). (b)

Due to the instant accident, F died on March 27, 2017.

(hereinafter referred to as “F”). (c)

The mother of the deceased is the only heir of the deceased, and the defendant is the 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 through 4, Eul evidence No. 2, the purport of the whole pleadings

2. Establishment of liability for damages;

A. According to the fact of recognition of the above liability, the defendant is liable for the damage suffered by the deceased and his bereaved family as the insurer of the defendant vehicle.

B. According to the evidence as seen earlier prior to the limitation of liability, the place in which the instant accident occurred is deemed to have been a yellow on and off-off light at the crosswalk at the time, and it was found that the Deceased attempted to cut the crosswalk rapidly without carefully examining the progress of the Defendant’s vehicle. Since such negligence was caused by the occurrence and expansion of damage caused by the instant accident, the percentage of the deceased’s negligence shall be 10%, and the Defendant’s liability shall be limited to 90%.

3. 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.

It is rejected that the parties' arguments have not been separately explained.

Personal information on daily income: Attached Form 1.

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