logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.12.07 2017가단5231174
손해배상(자)
Text

1. The Defendant: (a) KRW 44,00,000 for Plaintiff A; and (b) KRW 21,00,000 for the remainder of the Plaintiffs, respectively; and (c) on September 4, 2017.

Reasons

1. Occurrence of liability for damages;

A. On September 4, 2017, 14:35, 2017, E operated a car at a “G resting place” parking lot located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Seoul, due to an error that the steering direction and operation mechanism was not accurately operated, E shocked inside a tent installed front the direction of the vehicle (hereinafter “instant accident”).

2) On September 5, 2017, H died of cerebral cerebral cerebral cerebral cerebral cerebral cerebral Space.

(3) The Plaintiff’s spouse, the rest of the Plaintiffs are H’s children, and the Defendant is the insurer who concluded an insurance contract with respect to the Defendant’s vehicle. [In the absence of any dispute over the grounds for recognition, A’s evidence Nos. 1, 3, 9, and the purport of the entire 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.

2. Scope of liability for damages

(a) Funeral expenses: 5,000,000 won (Plaintiff A expenditure); and

B. Consideration 1) Reasons for consolation money: The amount recognized as follows: (1) All the circumstances shown in the arguments of the instant case, such as the background of the instant case, the deceased’s age, and the personal relationship with the plaintiffs (2). (2) The deceased: 72 million won; (2) the plaintiff A: 15 million won; and (3) the remaining plaintiffs: 5 million won each.

(c) Amount subject to inheritance: 1) Inheritance amount: 72 million won; 2) Inheritance amount: ① Plaintiff A:24 million won (=72 million won x 3/9). ② The rest of the Plaintiffs: each of the following Plaintiffs (i.e., KRW 72 million x 2/9 x 9). The fact that there is no dispute over the aforementioned facts, the evidence, empirical rule, and the purport of the whole pleadings.

D. According to the theory of lawsuit, the Defendant’s damages amounting to KRW 44 million (i.e., KRW 5 million for funeral expenses of KRW 24 million), and each of the remaining Plaintiffs KRW 21 million (i.e., KRW 5 million for inheritance amount of KRW 16 million) and the remaining Plaintiffs, respectively (i.e., KRW 5 million for inheritance amount of KRW 16 million) from September 4, 2017, which is the date of the instant accident, until December 7, 2018, which is the date of the instant judgment, from September 7, 2018, which is the date of the instant judgment, and (ii) from the following day to the date of full payment.

arrow