(영문) 서울서부지방법원 2019.03.28 2018가단8494

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(영문) 서울서부지방법원 2019.03.28 2018가단8494

손해배상(자)

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1. The Defendant: KRW 30,125,931, Plaintiff B, C, and D respectively; and each of them on February 12, 2018.

Reasons

1. Occurrence of liability for damages;

(a) Recognition 1) F is the Defendant’s vehicle at around 18:50 on February 12, 2018 (hereinafter “Defendant’s vehicle”).

2) On the other hand, the Defendant 1 driven the road adjacent to the H in the territorial sea and proceeded to the shot area of the sloping area in the territorial sea. On the other hand, the Defendant 1 got out of the front side of the Defendant 1’s vehicle (hereinafter “the instant accident”).

2) Around 19:28 on the same day, I (hereinafter “the deceased”) died due to an accident in the instant case from an emergency room of the J Hospital located in the city of 19:28.

3) The Plaintiffs are the offsprings of the Deceased, and the Defendant is the insurer that entered into an automobile comprehensive insurance contract for the Defendant’s vehicle. [Grounds for recognition] The fact that there is no dispute over the Defendant’s vehicle, Gap’s evidence Nos. 1 through 5, 17, 18, 19, 21 (including the branch numbers, if any, and

No. 1 and the purport of the whole pleadings

B. According to the facts as seen earlier prior to recognition of liability, as the deceased died due to the operation of the Defendant’s vehicle, the Defendant, as the insurer of 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, to the deceased at night, there were errors by putting clothes of the color coloring with the deceased’s body on the right side (which seems to have been difficult for the deceased to walk on the side at the time of the accident) and contributing to the occurrence and expansion of damages. As such, this circumstance is to be considered in calculating the amount of damages for the deceased to be compensated by 10%, but the defendant’s responsibility is limited to 90% by deeming the deceased’s negligence as 10%.

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 current value of the damages at the time of the accident shall be calculated at the rate of 5/12 per month.

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