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(영문) 서울중앙지방법원 2019.01.09 2018가단5152926
손해배상(자)
Text

1. The Defendant: KRW 37,363,521 to Plaintiff A; KRW 44,670,282 to Plaintiff B; KRW 33,113,521 to Plaintiff C; and each of them.

Reasons

1. Occurrence of liability for damages;

A. 1) E is a Fcar on December 28, 2017 (hereinafter “Defendant”) around 18:32, 2017.

) A driving of Ha, while proceeding one lane near G in the direction of the scopic road from the scopic side to the scopic side of the scopic road, H h, which walks on the right side of the road in front, was shocked in front of the scopher of the Defendant vehicle (hereinafter “instant accident”).

2) As a result, H (hereinafter “the deceased”) suffered from an injury, such as an external wound, and died of the respiratory part around 01:20 on March 23, 2018.

3) The Plaintiff B is the deceased’s wife, and the Plaintiff A and C are the deceased’s children, and the Defendant is the insurer who concluded the automobile comprehensive insurance contract regarding the Defendant’s vehicle. [The fact that there is no dispute over the grounds of recognition, Gap’s evidence Nos. 1 through 4, Eul’s evidence No. 1, 5 through 7, and the purport

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

C. However, the limitation of liability is limited to 85% of the Defendant’s liability, taking into account these circumstances, as the Deceased was negligent in walking along the road to the road, and such errors contributed to the occurrence of the instant accident and the expansion of damages.

2. Except as otherwise stated below within the scope of the liability for damages, each of the corresponding items of the Schedule of Calculation of Compensation for Damages, and the period for calculation convenience shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

It is rejected that the parties' arguments have not been separately explained.

Personal information: The attached Form "basic matters" column shall be as stated in the calculation sheet of damages.

B. On-the-job income: The Plaintiffs could have earned income equivalent to the ordinary daily wage for one year from the date of the accident by the Deceased.

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