logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.01.29 2013가단5124162
손해배상(자)
Text

1. The Defendant: (a) from October 4, 2012 to Plaintiff A, KRW 27,408,656, respectively, and each of them.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) D is deemed to be a motor vehicle under the influence of alcohol at around 23:55 on October 4, 2012, under the influence of alcohol content 0.119% (hereinafter “Defendant vehicle”).

(ii)The net F (hereinafter referred to as “the net”) driven by a person driving a motor vehicle and proceeding in accordance with the new subparagraph (hereinafter referred to as “the deceased”) on the left side while driving the motor vehicle in front of the mountain-dong street along the mountain-dong route in the direction of a sugar in the direction of a sugar.

) The G first-aid vehicle aboard between the Plaintiff and the Plaintiff A was shocked, which led to the Plaintiff A’s injury, such as extreme alley, etc., and the Deceased died following the following (hereinafter “instant accident”).

2) Plaintiff A is the deceased’s wife, and Plaintiff B and C are the deceased’s children, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract against the Defendant’s vehicle.

[Ground for Recognition: Unsatisfy, Gap evidence 1 through 3 (including branch numbers, if any); hereinafter the same shall apply)

(1) No. 1, B’s evidence, the purport of the entire pleadings

B. According to the above findings of recognition of liability, the defendant, the insurer of the defendant vehicle, is liable for damages suffered by the deceased and the plaintiffs due to the accident of this case.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

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

In addition, it is rejected that the parties' arguments are not stated separately.

1) In full view of the following: (a) the causal link between the instant accident and the deceased’s death and the degree of contribution to the instant accident; (b) the 333 (Investigation Report); and (c) 39 (In full view of each of the records in the autopsy report; and (d) the overall purport of the argument as to the Head of the Central University Hospital of this Court, immediately after the instant accident,

arrow