(영문) 서울중앙지방법원 2019.11.29 2018가단5245521

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(영문) 서울중앙지방법원 2019.11.29 2018가단5245521

손해배상(자)

Text

1. The Defendant: KRW 34,50,00, and KRW 31,00,00 for each of the said money to Plaintiff A and each of the said money to Plaintiff B and C.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) E is the FST5 car (hereinafter “Defendant vehicle”) around 20:55 September 13, 2017.

) A driving of Ha, while proceeding one-lane in front of the H located in the Hadong-gun G in the Hadong-dong-dong-dong-dong-gun G in the direction I, the J, which was at the edge of the Defendant vehicle driving direction at the front section, was shocked by the front part of the Defendant vehicle driving direction at the front section (hereinafter “the instant accident”).

2) The J (hereinafter “the deceased”) died due to the instant accident on the same day.

3) The Plaintiffs are the deceased’s children, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle. According to the fact of recognition of liability, the Defendant, as the operation of the Defendant’s vehicle, died, barring special circumstances, is liable to compensate the deceased and the Plaintiffs for the damages incurred due to the instant accident. (c) Limit of liability: Provided, That the Defendant’s liability is limited to 70% for the fair sharing of the damages in consideration of the following: (i) the Deceased was on a road on which the traffic of the vehicle was anticipated at the time of the instant accident; and (ii) the Deceased did not perform his/her duty on the front and the right at the time of the accident; (ii) the fact that there was no dispute over the grounds for recognition; (iii) the entries and images of the evidence in subparagraphs A, 2, 3, 14 through 17, and

2. Except as otherwise stated below within the scope of liability for damages, each item of the [attached Form] damages calculation table shall be the same as the corresponding item, and the convenience period shall 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.

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

【Ground of recognition” without any dispute, entry of Gap 1 to 17 evidence, and Eul 1 to 4 respectively.

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