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(영문) 서울중앙지방법원 2020.08.19 2018가단5078660
손해배상(자)
Text

1. The Defendant: KRW 72,260,480 to Plaintiff A; KRW 30,497,435 to Plaintiff B; KRW 1,000,000 to Plaintiff C, D, and E; and each of them.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition are as follows: (a) while driving an I Track vehicle in the vicinity of Hacheon-gun, Y on August 20, 2017 (hereinafter “Defendant vehicle”); (b) Nonparty G’s wife B, who was on board the I Pocing machine, was affected by the injury, such as brain-dead, the left-hand Crossing, and the left-hand Crossing, and the Plaintiff’s wife B, who was an insurer who entered into a comprehensive insurance contract for the Defendant vehicle; (c) Plaintiff C, D, and E, who was either the Plaintiff’s back-going engine and was separated from the rear loading of the vehicle (hereinafter “instant accident”); and (d) Plaintiff A’s wife B, who was on board the I Pocing machine, was unable to dispute between the parties concerned; and (c) Plaintiff A’s wife B, who was the insurer who entered into a comprehensive insurance contract for the Defendant vehicle; and (d) the purport of evidence Nos. 1 through 28, 36, and 84, respectively.

B. According to the fact that the above facts are established as the basis of the liability, the plaintiff A and B sustained each injury due to the operation of the defendant's vehicle, and the defendant, who is the insurer, is liable to compensate the damages suffered by the plaintiffs due to the accident in this case,

C. Restrictions on liability: Provided, however, in light of the circumstances surrounding the accident in this case and the various circumstances revealed in the argument in this case, it is reasonable to limit the defendant's liability to 80% in relation to the plaintiff B.

2. The scope of the plaintiffs' damages liability is as follows.

In principle, the period for the convenience of calculation shall be calculated on a monthly basis, but the period of 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.

A) Gender of Plaintiff A: The age of male: The age of 73 years and 7 months at the time of the accident due to Jins.

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