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(영문) 서울중앙지방법원 2015.09.25 2015가단5037583
손해배상(자)
Text

1. The Defendant: (a) KRW 8,500,000 for each of the said money to Plaintiff A, B, C, D, E, F, G, H, and I and each of the said money from January 6, 2015 to September 2015.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) On January 6, 2015, J: (a) around 23:45, 2015, the KJ is the Defendant vehicle (hereinafter “Defendant vehicle”).

(ii)A driver’s operating and proceeding to a water course on the side of the nives of the Seo-gu Southern Park in the Yellow War, and due to negligence committed by the median of the median line on the side of Seo-gu, Seo-gu, U.S. Seo-gu, Seo-gu, U.S., Seo-gu, and that, at that time, directed from the nives lane of the width and proceeds normally

2) As a result, the Deceased died due to low-blood shock (presumed) at the N Hospital located in the large exhibition at around 00:12 the following day.

3) The plaintiffs are joint successors as children of the deceased, and the defendant is the insurer who has concluded a comprehensive motor vehicle insurance contract with respect to the defendant's vehicle. [The grounds for recognition are the fact that there is no dispute, Gap's evidence 2 through 6 (including the number of pages; hereinafter the same shall apply), Eul's evidence 3, and the purport of the whole pleadings.

B. According to the above recognition of liability, the defendant is liable for damages suffered by the plaintiffs who are the deceased and their inheritors due to the accident of this case.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation 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.

Since the Plaintiffs received compensation under the Industrial Accident Compensation Insurance Act for property damage, such as lost income and funeral expenses, the Plaintiffs only claim consolation money due to the death of the deceased.

The reasons for consolation money 1: the background of the instant accident, the age of the deceased, the relationship between the deceased and the plaintiffs, and the plaintiffs.

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