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(영문) 서울중앙지방법원 2017.08.24 2016가단5000359
손해배상(자)
Text

1. The Defendant: 5% per annum from July 10, 2014 to August 24, 2017 with respect to each of the Plaintiffs’ KRW 9,579,739 and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) D, around 08:50 on July 10, 2014, when driving a F car parked in a parking lot between the two parking lots in the Guri-si, E apartment 1 and 2 (hereinafter “Defendant vehicle”), the lower part of the pedestrian G was shocked by the rear part of the Defendant vehicle.

(2) On September 16, 2015, G (hereinafter referred to as “the instant accident”) died as a direct cause of waste collection around 22:00 on September 16, 2015 while the instant accident occurred due to an injury, such as an injury caused by a climatic blaf and cerebral dyecule, etc.

(3) The plaintiffs inherited the deceased as their children, and the defendant is the insurer who entered into a comprehensive insurance contract with respect to the defendant's vehicle.

[Ground of recognition] Facts without dispute, entry or video of evidence A1 through 6 (including branch numbers; hereinafter the same shall apply), purport of the whole pleadings

B. According to the facts of recognition of liability, the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case as the insurer of the defendant vehicle.

C. The limitation of liability, however, appears to have neglected the vehicle's attitude in the case of walking along the parking lot by the deceased, and according to the medical record appraisal and supplementary evaluation of the Seoul Medical Director of the Seoul Medical Center, the degree of contribution to the accident of this case on the long-term hospitalization and death of the deceased can be deemed to be 50% as a whole (the appraisal statement states that the degree of contribution to the accident shall be 70% after the accident of this case and the degree of contribution to the accident shall be 30% after the accident of this case, and the overall contribution to each accident shall be deemed to be 1:1).

2. In addition to the statements stated below within the scope of liability for damages, in principle, the period for the convenience of the calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 2 shall be discarded.

The amount of damages is the accident.

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