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(영문) 서울중앙지방법원 2018.12.14 2018가단5016501
손해배상(자)
Text

1. The Defendant: (a) KRW 56,034,406 to Plaintiff A; and (b) KRW 28,356,271 to the rest of the Plaintiffs, respectively; and (c) May 9, 2017.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) D is a cargo vehicle in the first lane between the four-lanes of the 3-3 two-lane Scam-ro, Ansan-gu, Ansan-si, Ansan-si around May 10:57, 2017 (hereinafter “Defendant vehicle”).

(A) In the event that the driver neglected his duty at the front time while driving the vehicle, he shocked E in the reverse direction by giving a handlight signal in front of the running direction of the vehicle (hereinafter referred to as “instant accident”).

2) E died at the site of the instant accident with multiple long-term electric shock.

(B) The Plaintiff’s spouse, the rest of the Plaintiffs, and the Defendant are the insurers who concluded an insurance contract with respect to the Defendant’s vehicle. According to the fact of recognition of liability, the Defendant, as the insurer of the Defendant vehicle, is liable for the damages suffered by the Plaintiffs, who are the deceased and their bereaved family members. (c) In light of the circumstances of the instant accident prior to the limitation of liability, etc., even if the Deceased could have sent a number of signals on his/her vehicle due to the breakdown, it was erroneous in accordance with the central separation unit installed on one lane among four laness, and such errors contributed to the occurrence of the instant accident or the expansion of damage, and thus, the Defendant’s liability is limited to 40%, and the Defendant’s liability is limited to 60% (in the absence of any dispute over recognition, evidence Nos. 1, 14, and the purport of the entire pleadings).

2. The scope of liability 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 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.

[Ground of recognition] Facts without dispute, Gap evidence No. 8, and the court's fact inquiry results on the same side-interest presses representative director Co., Ltd., and significant experience.

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