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(영문) 서울중앙지방법원 2018.05.25 2017가단5057758
손해배상(자)
Text

1. The request for intervention by an independent party intervenor shall be rejected;

2. The defendant shall have the remainder of KRW 7,966,220, and the plaintiff A.

Reasons

1. Determination as to the principal lawsuit

A. The fact of recognition 1) The F is liable for damages: (a) around 21:53 on December 21, 2016, when driving the Defendant’s vehicle, and driving the Defendant’s vehicle along three lanes in the direction of the three-lanes in the direction of the three-lanes in the direction of the three-lanes in the front of the new point of the National Bank of Korea in Jongno-gu, Seoul. (b) At the time, the F was at night and at the time, but at the time, was in progress without the view of the frontline, and the F did not find any He, while walking on the frontline of the said vehicle, was driving the H’s chest part with the front wheels of the front beam of the said vehicle (hereinafter referred to as “instant accident”).

(3) In the instant accident, H died (hereinafter “H”)

(4) According to the fact of recognition of liability, the Plaintiff A is the deceased’s wife, and the remaining plaintiffs are the children of the deceased, and the Defendant is the mutual aid business operator who entered into a mutual aid agreement on the Defendant’s vehicle. (2) According to the fact of recognition of liability, the Defendant is liable to compensate the Plaintiffs who are the deceased and their bereaved family members due to the instant accident.

3) The Defendant’s negligence is limited to 80%, and the Defendant’s negligence is limited to 20%, taking into account the fact that there is no dispute over the grounds for recognition, evidence Nos. 1 through 4, and the purport of the entire pleadings, taking into account the following circumstances: (a) the Defendant’s negligence is limited to 80%, and the Defendant’s negligence is limited to 20%, taking into account the fact that there is no dispute over the grounds for recognition; (b) the Deceased’s negligence going beyond the road due to the occurrence of the instant accident and the expansion of damages.

B. Funeral expenses 1) Funeral expenses: 1,000,000 won (the plaintiff paid KRW 5,00,000,000 as the inheritance shares, but the amount corresponding to 20% of the defendant's liability) 2): The deceased's KRW 11,00,000, Plaintiff A5,000,000, and the remaining plaintiffs' KRW 1,000,000.

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