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(영문) 서울중앙지방법원 2018.12.07 2018가단5111109
손해배상(자)
Text

1. The defendant shall pay to the plaintiff A 108,268,046 won, the plaintiff B 107,068,046 won, and the plaintiff C 5,000,000 won, and this shall apply.

Reasons

1. Occurrence of liability for damages;

A. On December 27, 2017, D = 22:24, December 27, 2017, in violation of the speed limit of 60 km at a speed of approximately 89.7 km at the front of the 23 diving-gu Seoul Olympic Winter Zone, Songpa-gu Seoul Olympic Games (hereinafter referred to as “Defendant vehicle”).

2) In the event that the driver neglected the duty of the front-time care while driving a vehicle, the driver neglected the duty of the front-time care and neglected the F crossing the said road (hereinafter referred to as “instant accident”).

2) 2) The instant accident led to the death of F with two severe traumas.

(B) According to the recognition of responsibility, the Defendant is liable to compensate for the damages suffered by the Deceased and the Plaintiffs due to the instant accident, as a mutual aid project implementer of the Defendant’s vehicle, inasmuch as the Deceased died due to the operation of the Defendant’s vehicle. However, as the Deceased was found to have been negligent in crossinging the road on the four-lane road at night, this circumstance shall be considered in calculating the amount of damages to be compensated by the Defendant, and the Defendant’s liability shall be limited to 60% by deeming the fault of the Deceased to be 60%. [In the absence of any grounds for recognition, evidence No. 2, evidence No. 5, and the purport of the entire pleadings, the purport of the entirety of the arguments is as follows.

2. The scope of liability 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 value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

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

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1, significant facts, and each fact inquiry results on Bable Consulting Co., Ltd., and the purport of the whole pleadings is as follows.

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