logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.10.28 2015가단5153652
손해배상(자)
Text

1. The Defendant: (a) KRW 54,248,858; (b) KRW 56,498,858; and (c) KRW 56,49,858; and each of them, from October 3, 2013 to October 2015.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) C is the Defendant’s vehicle at around 22:30 on October 2, 2013 (hereinafter “Defendant’s vehicle”).

(i) One-lane of the three-lane 80 km speed in front of the F convenience point in Chungcheongnam-gun Hong-gun, Chungcheongnam-gun, by driving his/her vehicle, is proceeding at a speed of about 90 km in speed from 80 km speed to the Si speed in the direction of Hongcheon-Eup. However, inasmuch as pedestrian signal of the crosswalk is red at the front direction, the pedestrian signal of the crosswalk is red, and the road is crossing from the left side of the Defendant vehicle to the right side (hereinafter referred to as “the network”).

(C) The deceased died due to brain damage, etc. (hereinafter referred to as “instant accident”) by reporting the deceased at the latest, making it difficult to take the hand on the right side, but failing to escape, and shocking the deceased.

(2) The Plaintiffs are the parents of the Deceased, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, Eul evidence 2 (including branch numbers, hereinafter the same) and the purport of the whole pleadings

B. According to the above findings of recognition of liability, the defendant is liable for damages suffered by the deceased and the plaintiffs due to the accident of this case as an insurer of the defendant vehicle.

C. The limitation of liability is limited, however, by failing to cross the deceased without permission as set forth in five-lanes from night to night, and such errors were caused by the occurrence of the instant accident and the expansion of damages, and thus, the Defendant’s liability is limited to 45%, taking this into account.

2. 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 price at the time of the accident shall be based on the discount method that deducts intermediary interest at the rate of 5/12 per month.

b) the Commission;

arrow