(영문) 서울중앙지방법원 2015.11.13 2015가단5055123

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(영문) 서울중앙지방법원 2015.11.13 2015가단5055123

손해배상(자)

Text

1. The Defendant: (a) KRW 70,603,878; and (b) KRW 69,103,878 to Plaintiff B; and (c) each of them, from July 12, 2014 to November 2015.

Reasons

1. Occurrence of liability for damages;

A. 1) In fact, C is the Defendant’s vehicle at around 04:29 around July 12, 2014 (hereinafter “Defendant’s vehicle”).

(i)The network F (hereinafter referred to as “the network”) on which two-lanes of the front road in front of the Nowon-gu, Seoul Special Metropolitan City E, from the length of the court to the speed of the distance in front of the court to the speed of about 88 km each hour while driving at a speed of about a speed of 88 km.

2) The Plaintiff received the instant accident (hereinafter referred to as “instant accident”).

(2) The Plaintiffs are the parents of the Deceased, and the Defendant is the mutual aid business entity that entered into a mutual aid agreement with the said Defendant on the same day.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, 8, Eul evidence 1 through 3, purport of whole pleadings]

B. The Defendant is liable to compensate the Plaintiffs for the damages caused by the instant accident, as he neglected to perform his duty of care to prevent the accident by complying with the speed of limitation and driving on the frontway, even though he had a duty of care to prevent the accident.

Therefore, the defendant's assertion that the accident of this case was caused by the deceased's unilateral negligence is not accepted.

C. Limit of liability, however, at night, the deceased was negligent in governance in violation of pedestrian signal, and such negligence shall be deemed to have caused the occurrence of the instant accident and the expansion of damage. Therefore, the defendant's responsibility shall be limited to 30%.

(70%) 2. In addition to the items separately stated below the scope of liability for damages, the period for the convenience of calculation shall be calculated on a monthly basis in principle, but less than the last month and less than won shall be discarded.

The current price calculation at the time of the accident shall be based on the discount method that deducts interim interest calculated at the rate of 5/12 per month.

In addition, the parties' arguments.

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