logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.09.27 2019가단105507
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 110,975,273, Plaintiff B, and C, respectively, KRW 67,650,182 and each of the said money.

Reasons

1. Occurrence of liability for damages;

가. 인정사실 1) 망 E은 2018. 11. 24. 02:10경 피고와 공제계약을 체결한 F 택시에 승차하여 창원시 마산합포구 G에 있는 H고교 건너편 도로상을 서원곡 교차로 방면에서 I아파트 방면으로 지나가던 중, 이 사건 택시 운전자가 진행방향 2차로에서 서행중이던 덤프트럭 뒷 부분을 추돌하는 사고를 일으키자, 그 충격으로 택시 밖으로 튕겨져 나가 두부에 상해를 입고 사망하였다(이하 ‘이 사건 사고’라 한다

2) The Plaintiff’s wife, Plaintiff B, and C inherited the deceased’s property at the rate of 2/7 of each of the two-thirds of the two-thirds of the deceased’s wife, Plaintiff B, and C.

B. According to the above facts of recognition of liability, the accident of this case occurred due to negligence of the taxi driver of this case who neglected the duty of Jeonju City.

As such, the defendant, who is a mutual aid business entity, has the duty to compensate the plaintiffs, who are the inheritor of the deceased, for the damages caused by the accident in

However, as the Deceased did not wear safety level at the time of the instant accident and thereby expanded the damages, the Defendant’s liability for damages is limited to 80% for the fair sharing of damages.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 5, purport of whole pleadings

2. The period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but the amount of less than the cost shall be discarded, and the calculation of the present value at the time of the death of the deceased shall be based on the method to deduct the intermediate interest at the rate of 5/12 per annum.

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

Personal information 1) Personal data: Revenue in the column for “basic matters” in the attached Form for calculation of the amount of damages: 20,344,547 won (see the calculation in the attached Form “actual income” in the calculation of the amount of damages) shall be issued by the J Association until April 30, 2031 at the expiration date of operation.

arrow