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(영문) 서울중앙지방법원 2017.02.10 2015가단5088970
손해배상(자)
Text

1. The defendant,

A. 107,612,579 won to Plaintiff A, 86,625,920 won to Plaintiff B, and 82,33,075 won to Plaintiff C, and each of them.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) D is a vehicle E incco under the influence of alcohol around 06:10 on October 31, 2014 (hereinafter “Defendant vehicle”). D is a vehicle under the influence of alcohol with a blood alcohol concentration of 0.075% (hereinafter “Defendant vehicle”).

) A person driving his/her vehicle and driving his/her vehicle at the speed of 70 km from the direction of his/her station to the International Station, along the two-lanes of the Gmaart, which is located in the Gmat in the U.S., U.S., Seoyang-gu, Goyang-si. A person driving his/her vehicle and driving his/her vehicle at the speed of 70 km per hour, who crosses the crosswalk in the front direction of his/her vehicle (hereinafter

(2) The J died due to the instant accident.

(3) The Plaintiff is the husband of the deceased, and the Plaintiff B and C are the children of the deceased, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract with respect to the Defendant vehicle. The recognition of liability is based on the above-mentioned facts, the Defendant, as the insurer of the Defendant vehicle, is responsible for compensating the Plaintiffs, who are the deceased and their bereaved family members, due to the instant accident. (c) The Defendant, as the insurer of the Defendant vehicle, is also liable for compensating for the damages incurred to the Plaintiffs, who were the deceased and their bereaved family members, due to the instant accident. The limitation of liability, was erroneous in crossing the Defendant, in violation of the pedestrian stop signal, and such errors were deemed to have a considerable cause for the occurrence of the instant accident and the expansion of damage. In full view of the circumstances that the Defendant driven and driven under the influence of alcohol, and limited the Defendant’s liability to 50%. [Recognition grounds] The Defendant’s liability is without dispute. The purport of the entire pleadings, including the number of pages and the purport of the pleading, as a whole.

2. In addition to the matters stated below within the scope of liability for damages, the corresponding item in the separate sheet of calculation 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.

The parties' arguments are separate.

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