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(영문) 서울중앙지방법원 2016.11.18 2016가단5028074
손해배상(자)
Text

1. The Defendant: (a) against Plaintiff A, KRW 14,467,245, KRW 10,717,245, KRW 10,717,245, and each of the said money to Plaintiff B, C, D, E, F, and G.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) H is an I Passenger Vehicle around 06:03 on January 16, 2016 (hereinafter “Defendant Vehicle”).

) A drivered the road of three-lanes in front of the Kwon located in the Nam-gu Incheon Metropolitan CityJ, with two-lanes from the direction of the sublim market from the right side of the Park Tri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si (hereinafter “instant accident”).

3) In the instant accident, L died (hereinafter “L”) due to the instant accident (hereinafter “the deceased”).

2) The Plaintiffs are the deceased’s children, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Reasons for Recognition] Unsatisfy, Gap 1-3, 7 evidence, Eul 3 evidence (including each number), the purport of the whole pleadings

B. According to the above facts of recognition of liability, the defendant is the insurer of the defendant vehicle and is liable for the damages suffered by the plaintiffs, who are the deceased and their bereaved families.

C. The Deceased was negligent in neglecting his duty of care as a pedestrian on the new wall, when the pedestrian signal starts with the crosswalk in the state of a green on-and-off signal, and continued to cross the crosswalk after the signal was changed to the red signal.

The deceased’s negligence also caused the occurrence and expansion of damages caused by the instant accident, and thus, the percentage of the deceased’s negligence shall be 25% and the Defendant’s liability shall be limited to 75%.

2. The amount of less than one won in calculating the scope of liability for damages shall be discarded.

Funeral expenses: 5,000,000 won (Plaintiff A expenditure)

B. Limitation of liability: The defendant's liability ratio is 75% (see the above 1-C.), so the plaintiff's property damages amounting to 3,750,000 won (=5,000,000 x 75%)

C. Reasons for consolation money 1: The argument of this case, such as the background of this case, the deceased's age and degree of negligence, and the personal relationship with the plaintiffs.

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