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(영문) 서울중앙지방법원 2015.10.22 2013가단5128546
손해배상(자)
Text

1. The defendant shall pay 1,03,797,440 won to the plaintiff A, 5,000,000 won to the plaintiff B, and 10,000,000 won to the plaintiff D, respectively.

Reasons

1. Occurrence of liability for damages;

A. Recognizing the facts, E driving a Fluent vehicle while under the influence of alcohol at around 01:41 on May 12, 2012, while driving a 0.06% of the blood alcohol content, and driving two-lanes of the two-lane road in front of the Han-dong Co., Ltd. 301, Hanpo-dong, U.S., 301 at Sinung-dong, in the new-dong room, e.g., the left part of the Plaintiff A’s G bargaining vehicle, which was driven earlier, was shocked into the front part of the vehicle with the upper right side of the vehicle (hereinafter “instant accident”). Accordingly, Plaintiff A suffered injury, such as brain injury.

Plaintiff

B The father of the Plaintiff A, the Plaintiff C’s mother, and the Plaintiff D are the children of the Plaintiff, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract for the said low-priced vehicle driven by the Plaintiff E.

[Evidence] Items 1 through 5, 11, and the purport of the whole pleadings

B. According to the above facts finding that there was liability, since E was driving a vehicle with the above highest engine, causing the instant accident and causing injury to the Plaintiff A, the Defendant is liable for compensating the Plaintiffs for the damages suffered by the Plaintiffs due to the instant accident.

2. Except as otherwise expressly stated below the scope of the liability for damages, the entries in the separate calculation sheet shall be as shown in the attached Table.

(A) At the rate of 5/12 per month, the calculation shall be made in accordance with the calculation method, and the monthly and less than KRW 10 shall be discarded for the convenience of the calculation). [Based on recognition] Items A through 17, 19, 23, 24, 25, and No. 3; the record of the physical examination of the chief of the Central University Hospital at the rate of 5/12 per month; the results of the physical examination of the chief of the Central University Hospital at the rate of 5/12 per month;

A. Personal information on lost income (Plaintiff A) 1: The same is as indicated in the column for “basic matters” in the attached Form 1 calculation sheet of damages (the Plaintiff’s title of lease is presumed to be 30% of the normal person on May 12, 2012, which is the date of the instant accident, and thus, the expiry date of the name is deemed to be October 31, 2023): Income and operating period: Plaintiff A, a construction software development company at the time of the instant accident.

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