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(영문) 서울중앙지방법원 2019.10.11 2019나15600
손해배상(자)
Text

1. Of the judgment of the court of first instance, the Defendant amounting to KRW 273,094,142 against the Plaintiff A, and KRW 6,80,000 against the Plaintiff B and each of the said amounts.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except when adding or adding to, the following is the same as that of the judgment of the court of first instance.

2. A statement of calculation of damages in the attached Form of the judgment of the court of first instance, which added or added, shall be replaced by the attached Form of the judgment of the court of first instance.

In the third 8th am of the judgment of the court of first instance, “The above evidence and evidence No. 2” are “The above evidence and the evidence No. 2” as “the record of evidence No. 2 and the result of each fact-finding with respect to the Seoul Yangyang Police Station of the first instance court.”

The 3rd through 21th of the judgment of the first instance shall be conducted in the following manner:

“However, even if the Deceased, despite his duty to safely make a right-hand, such as securing a safety distance with the vehicle ahead at the intersection, neglected to do so, and thereby, in close to the right-hand side of the Defendant vehicle, the Defendant’s responsibility is limited to 60% in consideration of the occurrence of the accident and the expansion of damages.” The Defendant’s responsibility is to be limited to 15% in the fourth parallel of the first instance judgment of “: 33,547,306 won” at the end of the fourth parallel of the first instance judgment of “15: (a) the Defendant’s responsibility is to be added to “33,547,306 won” and to delete 16,17 parallels.

The 5th to 14th parallels in the judgment of the first instance shall be conducted as follows.

[Plaintiff A] : 263,094,142 won (=the full inheritance of 200,128,383 won for property damage) 62,965,759 won

F. Accordingly, the Defendant, as a result of the lawsuit, is liable for damages, KRW 273,094,142 to the Plaintiff (i.e., KRW 263,094,142 consolation money of KRW 10,000,000), and KRW 6,80,000 to the Plaintiff (i.e., funeral expenses of KRW 1,800,000 after offsetting negligence) and each of the above amounts (i.e., KRW 5,000,000), as to the existence or scope of the obligation, from Jun. 19, 2016, which was the date of the instant accident, to Oct. 11, 2019; and (ii) at the rate of KRW 5% per annum as stipulated in the Civil Act from the next day to the date of the final judgment; and (iii) 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day of full payment.

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