(영문) 서울중앙지방법원 2014.09.26 2013가단303588

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(영문) 서울중앙지방법원 2014.09.26 2013가단303588

손해배상(자)

Text

1. The Defendant: (a) filed against the Plaintiff A KRW 53,093,242, and Plaintiff B and C respectively for KRW 30,562,161 and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) D is the E-W vehicle around 21:40 on June 15, 2013 (hereinafter “Defendant vehicle”).

(i)the 1-ri bus stops in front of the Trith-ri bus stops in front of the Trith-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-do

2) The deceased did not discover his wife and shocked the deceased as the front part of the Defendant’s vehicle, and caused the death of the deceased (hereinafter “instant accident”).

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

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 10 through 12, Eul evidence 1 and 2, the video (including each number), the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is the insurer of the defendant vehicle and is liable for the damages suffered by the plaintiffs, who are the deceased and their bereaved families.

C. The limitation of liability: (a) negligence was committed while crossing the road to the Deceased at night without properly examining the left and the right; (b) such negligence appears to be the cause of the instant accident; and (c) the Defendant’s liability is limited to 85% by taking into account the circumstances of the instant accident, road conditions, etc., and all other circumstances.

(15%) 2. In addition to the items separately stated below the scope of liability for damages, the period for the convenience of calculation shall be calculated on a monthly basis in principle, but less than the last month and less than won 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, the parties' arguments are separate.

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