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(영문) 광주지방법원 2018.03.14 2017가단510008
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

(a) The net B is a person who has driven a C1 ton cargo vehicle;

The Deceased concluded a comprehensive automobile insurance contract between Samsung Fire Marine Insurance Co., Ltd. (hereinafter “T&M”) and the insurance period from August 8, 2014 to August 8, 2014 (hereinafter “instant insurance contract”).

The defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid agreement in relation to the E 22.5 tons of cargo vehicles driven by Nonparty D (hereinafter referred to as the "cargo of this case").

B. On May 15, 2014, around 21:45, the Deceased died of the instant cargo vehicle parked in the two-lanes front of the Dong-dong, Chang-dong, Changpo-dong Terminal on the back of May 15, 2014, and died of a Dam crym crym pelusus and a scars in the middle of being transmitted to the hospital.

C. The place where the instant truck was parked was the two-lanes of the two-lanes, where the volume of traffic was significant, and where there was lighting around, but it was not good at night.

At the time, cargo cars were in the state of turning the sidelights, tail lights, and emergency lights. D.

The heir of the deceased is the wife F, G, H, and the plaintiff, the wife of the deceased.

E. On July 8, 2014, the bereaved family members of the Deceased agreed on the insurance money for the deceased’s death under the Automobile Injury Special Clause among the Samsung Fire and the instant insurance contract, and received KRW 71,129,810 from Samsung Fire.

[Ground of recognition] Facts without dispute, Gap 1 to 6 evidence, Eul 1 to 6 evidence (including additional numbers), the purport of the whole pleadings

2. Assertion and determination

A. The amount of damages caused by the death of the deceased alleged by the plaintiff is KRW 110,800,000 (per day loss KRW 35,845,30, funeral expenses KRW 5 million, consolation money KRW 70,000,000, as shown in the attached sheet of calculation).

If D’s negligence is 20%, the amount of damages is 4,4 million won [the amount of damages] [the amount of damages = [the actual income of KRW 35,845,30 x 0.2] [the funeral expenses of KRW 5,000,000 x 0.2]]. If D’s negligence is 10%, the amount of damages is 36,284,530 won [the amount of damages [the amount of KRW 75,845,30 x 0.6]] [the actual income of KRW 35,845,30 x 0.1]; [the amount of KRW 5,000 for funeral expenses of KRW 5,000 x 0.1];]

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