(영문) 서울중앙지방법원 2017.06.23 2016가단5285006

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(영문) 서울중앙지방법원 2017.06.23 2016가단5285006

손해배상(자)

Text

1. The Defendant, from May 29, 2016, against Plaintiff A, KRW 109,943,598, and KRW 107,943,598, and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) C is about 04:10 on May 29, 2016, D-si (hereinafter “Defendant vehicle”).

) A driver’s operation of the vehicle and driving the vehicle along the road of 92 K-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

2) Due to the instant accident, E (hereinafter “the deceased”) died at around 12:57 on the same day, due to the injury, such as cerebral cerebral typosis, pelvis, and laveral laver, etc.

3) The Plaintiff A is the father of the Deceased, the Plaintiff B is the mother of the Deceased, and the Defendant is the mutual aid business operator who entered into a motor vehicle mutual aid agreement with the Defendant vehicle. The ground for recognition is the fact that there is no dispute, the entries in Gap Nos. 1, 2, 3, 6, and 7 (including all family cards attached with a serial number), and the purport of the entire pleadings.

B. According to the above recognition of liability, since the deceased died due to the operation of the Defendant’s vehicle, the Defendant, a mutual aid business operator for the Defendant’s vehicle, is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident.

C. The limitation of liability is limited, however, that the deceased was placed in the first line among the two-lane roads at night, and as such, the deceased’s fault was a considerable cause for the occurrence of the instant accident and the expansion of damage, such circumstance is considered in calculating the amount of damages to be compensated by the Defendant. However, the deceased’s negligence is considered as 60%, and the Defendant’s responsibility is limited to 40%.

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 amount of damages shall be calculated at the rate of 5/12 per month.

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