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(영문) 서울중앙지방법원 2018.02.23 2017가단51212
손해배상(자)
Text

1. The Defendants jointly and severally against the Plaintiff A, KRW 35,085,095, Plaintiff B, and C, respectively, and each of the said amounts.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) Defendant D’s wife around 04:50 on May 16, 2017 (hereinafter “Defendant E’s vehicle”) and FF E’s vehicle owned by Defendant E (hereinafter “Defendant vehicle”).

) The G Twitm in the City of Silung is a agricultural Track (hereinafter referred to as “Trackor”) operated by H prior to the same lane while driving the G Twitm along the same lane between four lanes from the IC and the IC.

) The rear part of the Defendant vehicle was shocked by the front part of the Defendant vehicle (hereinafter “instant accident”).

2) On the ground of the instant accident, H died of serious brain damage.

(4) The Plaintiffs received KRW 150,000,000,000 from a DNA non-life insurance company (formerly Eastern Fire Marine Insurance Co., Ltd.; hereinafter “D non-life insurance company”) which has concluded an automobile liability insurance contract that covers large-scale damage with the Minister of Health and Welfare (hereinafter “D non-life insurance”), as the Defendant’s wife, Plaintiff B, and C’s respective children. The Plaintiffs received KRW 20,000,000 as the substitute insurance money.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3, 11, and 12, the purport of the whole pleadings

B. According to the above recognition of liability, Defendant D as the driver of the Defendant vehicle, barring special circumstances, as the deceased died due to the operation of the Defendant vehicle, and Defendant E as the owner of the Defendant vehicle, is jointly liable to compensate the deceased and the Plaintiffs for the damages incurred due to the instant accident.

2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 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】 The fact that there is no dispute, Gap Nos. 4, 5, 7, 8, 9, 14.

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