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(영문) 서울중앙지방법원 2019.01.18 2018가단5205646
손해배상(자)
Text

1. The Defendant: (a) KRW 4,212,892 to Plaintiff A; and (b) KRW 5,498,803 to Plaintiff B; and (c) from December 30, 2015 to January 18, 2019.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) around December 30, 2015, when Plaintiff A was accompanied by Plaintiff B, a spouse of Plaintiff B, left the said vehicle in accordance with the new subparagraph on the roads front of the Daejeon Taedong-gu D apartment zone around December 30, 2015. (2) However, E, while driving a cargo vehicle in a drinking condition (hereinafter “Defendant”) while neglecting the duty of the front-time watch, did not see that Plaintiff A’s vehicle was stopped and concealed the said vehicle.

(3) The Plaintiffs suffered injuries, such as satise, etc., due to the instant accident. (4) The Defendant is an insurer who entered into a comprehensive insurance contract regarding the Defendant’s vehicle.

[Ground of recognition] Unsatisfy, Gap evidence 3, 4, the purport of the whole pleadings

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

2. The scope of the liability for damages against the plaintiff A is as follows, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, 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.

In addition, it is rejected that the parties' arguments are not stated separately.

[Reasons for Recognition] Unsatisfy, Gap evidence 12, 13, Eul evidence 1, 5, F Hospital Head and G Hospital Head's physical appraisal result, significant facts, experience, and purport of the whole pleadings

A. Personal information 1) Personal information: H students’, women’s date of termination of life, income and operating period: Urban Daily Wage (22th day of each month), and Plaintiff A, until the age of 65, serve as a pastor, respectively. As such, the report on the actual status quo by employment type, 24. Health, social welfare, and religion-related work experience of 13. Work experience (2th, middle, and gender), annual special pay, annual special pay, working hours, and number of workers.

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