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(영문) 서울중앙지방법원 2015.09.17 2014가단205735
손해배상(자)
Text

1. The Defendant: 22,157,780 won to Plaintiff A; 19,157,780 won to Plaintiff B; 5,385,926 won to Plaintiff C; and 4,385,926 won to Plaintiff D, E, and F.

Reasons

1. Occurrence of liability for damages;

A. Recognizing that, at around 13:33 on May 16, 2014, G, driving a H SP vehicle and driving a letter between the H SP car 3-dong, the Lystalian 3-dong, to the Hosan Elementary School, depending on the road in which the signal, etc. is not installed, G was killed due to an escape certificate, etc. on May 18, 2014, when he/she passed through a private distance intersection on the right side of the vehicle, which was left directly from the left side and passed through the intersection, according to the road on which no signal, etc. is marked, and I was sent to the hospital to receive treatment (hereinafter “instant accident”).

Plaintiff

A and B are the children of the deceased I (KI, hereinafter referred to as the "the deceased"), and the plaintiff C is the wife of L (the death of June 26, 2004), the plaintiff D, E, and F, which are L's children, and the defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the above vehicle driven by G.

[Evidence] Contents and images of Gap's evidence Nos. 1 through 5, and the purport of the whole pleadings

B. According to the above facts of recognition of liability, G was driving the above vehicle while causing the death of the deceased, and thus, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident.

C. The Deceased’s liability is limited to 60% of the Defendant’s liability in consideration of such circumstances, given that he/she erred by driving the Oral Seab and passing through an intersection where no signal, etc. is installed, without properly examining the right and the right and the right.

(40%) 2. Scope of liability for damages

(a) Funeral expenses (Plaintiff A) 5,000,000 won (written evidence No. 8);

(b) Limitation 1) Defendant liability ratio: 60% 2) Defendant A’s funeral expenses damages: 3,000,000 won (5,000,000 won x 0.6)

C. Reasons for consolation money 1: The details and result of the instant accident, the deceased’s age, the relationship between the deceased and the plaintiffs, etc. are revealed in the arguments.

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