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(영문) 서울중앙지방법원 2017.04.28 2016가단5027781
손해배상(자)
Text

1. As to Plaintiff A’s KRW 265,719,43, Plaintiff B, C, D, and E, respectively, and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. 1) On August 30, 2014, F is under the influence of alcohol (in blood alcohol concentration below) on August 30, 2014, F is under the influence of alcohol on August 30, 2014, and G radar car (hereinafter “Defendant vehicle”).

) A driving the Plaintiff, while proceeding two-lanes of the six-lanes from the west Medical Center located in Chungcheongnam-do, in an instituous speed from the west Medical Center to the stitude. On the other hand, the Plaintiff, who walked on the mastal crosswalk, was placed in the front part of the Defendant’s vehicle, and the Plaintiff suffered from an injury, such as blood transfusion, due to the depression, and escaped (hereinafter “the instant accident”).

) F was charged with summary charge due to the instant accident, etc. against the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and a fine of KRW 5 million became final and conclusive. 2) Plaintiff B, C, D, and E are children of Plaintiff A, and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant vehicle

[Ground of recognition] Unsatisfy, Gap 1, 5, 6 evidence (including branch numbers if there are branch numbers; hereinafter the same shall apply), significant facts, the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs due to the accident of this case.

C. As seen earlier than limitation of liability, F was at the time of the instant accident, with gross negligence, such as driving under the influence of alcohol at the time of the accident, escape after the accident, etc., but the Plaintiff, as well as A, has the duty to safely proceed by checking the flow of the vehicle in a safe manner, and it is recognized that the Plaintiff’s mistake was also a cause for the occurrence of the accident and the extension of damage, thereby limiting the Defendant’s liability to 95% in consideration of this.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed table of calculation of damages shall be the same as each corresponding item, and the period for the convenience of calculation shall be monthly.

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