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(영문) 광주지방법원 2021.02.17 2020가단527358
손해배상(자)
Text

The Defendants jointly share KRW 175,00,000 with respect to the Plaintiff and 5% per annum from July 21, 2020 to August 18, 2020.

Reasons

(1) Payment of funeral expenses: 5,000,000 won, within the limit of the amount insured:

2. Consolation money;

(a) Where he/she and his/her bereaved family members are under sixty years of age at the time of his/her death: 80,000,000 won;

3. The amount of lost profits;

(a) Calculation method: It shall be calculated by multiplying the Raz coefficient corresponding to the number of months available for employment by the amount obtained by deducting the living expenses (the amount obtained by multiplying the monthly average income by the living ratio) of the person who died from the actual monthly income (the deduction of the amount of taxes) of the person who died;

(b) Calculation method of actual income (3) : The daily wage in this insurance contract for workers shall be calculated as follows by applying the wages of ordinary workers, and the manufacturing portion shall be calculated as follows: (The part of the construction work shall be simple labor workers) / 2 / 2 / the monthly wage is calculated as of the 25th day after the arrival of the monthly wage, by an institution designated to compile statistics pursuant to Article 15 of the Statistics Act (N Association,O, N) in accordance with Article 17 of the Statistics Act.

(c) Living ratio: 1/3;

(d) Calculation of the number of months available for employment (1) by counting the number of months available for employment as 65 years of age. (4) The period of employment shall be 19 years of age, but a person who is in military service shall calculate the number of months available for employment in consideration of such period.

1. Set-off;

A. (1) The method of offsetting negligence: (a) the amount calculated by offsetting negligence shall be offset according to the ratio of fault on the part of the injured party with respect to the amount of damage caused by an insured motor vehicle; and (b) the insured motor vehicle shall be offset according to the ratio of fault on the part of the injured party with respect to the injury caused by an insured motor vehicle; and (c) the person who was accompanied by an insured motor vehicle with respect to the same passenger shall be reduced according to the ratio of reduction by type of the same passenger as in attached Table 5. The defendant asserts that the reduction should be made as stipulated in the terms and conditions, and therefore, according to the evidence evidence No. 1, the person who was accompanied by the insured motor vehicle shall be reduced according to the ratio of reduction by type of the same passenger.

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