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(영문) 의정부지방법원 2020.05.14 2019나214348
손해배상(자)
Text

1. Of the judgment of the court of first instance, the Defendants against the Plaintiff A and B, which exceed the following amount ordered to be paid.

Reasons

1. Basic facts

A. On November 5, 2012, Defendant F driven a G motor vehicle under the influence of alcohol at a level of 0.212% with a blood alcohol level around 15:40 on November 5, 2012, and driving the front road of Pocheon-si in the direction of moving from the front side of Pocheon-si to the moving Ha, and received the I truck of Plaintiff F’s I truck in the opposite direction.

As a result, the plaintiff A suffered injuries, such as minculation of the right fluor and stalis, etc.

(hereinafter referred to as “instant accident”) B.

Plaintiff

B is the spouse of the Plaintiff A, and the Plaintiff C and D are the children of the Plaintiff.

C. Defendant E Co., Ltd (hereinafter “Defendant E”) is an insurer who entered into a comprehensive automobile insurance contract with Defendant F with respect to the foregoing G motor vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above recognition of the liability for damages, since the accident of this case occurred by negligence committed while driving a G car while under the influence of alcohol by Defendant F, Defendant F is obligated to compensate the Plaintiffs for the damages caused by the accident of this case. Defendant F is an insurer who entered into a comprehensive automobile insurance contract with Defendant F with respect to automobiles, and Defendant F is obligated to compensate for the said damages within the insurance amount set forth in the insurance contract, in collaboration with Defendant F.

3. 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 shall be discarded.

At the time of the accident, the computation of the amount of damages shall be based on the Hofman type calculation method that deducts interim interest at the rate of 5/12 per month as simple interest.

It is the purport of rejecting the claims of the parties that have not been separately explained.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 7, 8, 15, 17, 19, Eul evidence Nos. 2, 3, and 11 through 16, J Hospital Head of the first instance court, and Seoul National University Hospital Head, respectively.

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