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(영문) 서울중앙지방법원 2018.07.20 2017가단5207140
손해배상(자)
Text

1. The Defendant: (a) KRW 122,987,022 for each of the Plaintiffs; and (b) 5% per annum from August 16, 2017 to July 20, 2018; and (c)

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) C is as follows: D automobiles around August 16, 2017 (hereinafter “Defendant vehicles”)

) A driver, while proceeding from the lake Park to the Ansan Viewing of the cultural plaza located in the Hasan-dong of the member-gu, Ansan-si, the driver shocked the F-si of the E Driving, who was straighten from the court due to a serious fault in violation of good faith, and thereby led E (hereinafter referred to as “the deceased”).

) On August 17, 2017, the Plaintiff died (hereinafter “instant accident”).

2) The Plaintiffs are the deceased’s children, and the Defendant is the insurer who concluded an insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is the insurer of the defendant vehicle and is liable for the damages suffered by the plaintiffs, who are the deceased and their bereaved families.

C. The instant accident subject to limitation of liability is an occurrence of the Defendant’s vehicle in violation of the signal and there is no evidence to acknowledge the Deceased’s negligence, and there is no other evidence as to the grounds for limiting the Defendant’s liability

2. Except as otherwise stated below within the scope of the liability for damages, each applicable item of the amount of damages shall be the same as the amount of damages, and the period for the convenience of calculation shall be calculated on a monthly basis, but less than a month and less than a won 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 rejected that the parties' arguments are not stated separately.

Personal information 1) Personal data of the Deceased’s lost income: Girst male, income and maximum working age on March 17, 2043: The Deceased was engaged in driving from September 2005 to the time of the instant accident, for at least 10 years from the time of the instant accident.

In full view of the above circumstances such as the deceased’s age, career, and occupation, the deceased in this case.

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