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(영문) 서울남부지방법원 2015.06.12 2014가합110977
손해배상(자)
Text

1. The defendant

A. In collaboration with E, Dong Fire & Marine Insurance Co., Ltd., KRW 3,597,010 and this shall apply to Plaintiff A.

Reasons

1. The plaintiffs' assertion

A. The F, on January 20, 2014, was travelling along and moving from the front of the Dong-dong 232-1 Tong-dong 232-1, Dong-dong, Dong-dong. However, as the G truck owned by the Defendant was blocking the front of the vehicle, it was impossible to look at the operation status of the H vehicle owned by the E (hereinafter “accident vehicle”), which was driven by the sidewalk, and died by shock by the vehicle involved in the accident.

(hereinafter “instant accident.” Since the Defendant’s illegal parking constitutes a tort, and there is a proximate causal relation between the act and the instant accident, the Defendant is liable to compensate the Plaintiffs, who are the bereaved family members of F and F (Plaintiff A, Plaintiff B, and Plaintiff C, their children) for the damages caused by the instant accident.

B. The scope of liability for damages: (a) F is a worker of the Korea Ship Safety Technology Authority at the time of the instant accident, who was receiving benefits equivalent to KRW 3,218,727 per month, and the labor contract was anticipated to be renewed until June 30, 2017, which became 66 years of age; (b) and thus, F is 82,892,734 won (=3,218,727 x 38.6299 (Surged by the Single Interest Rate Act) x 38.629 (Surged by the Single Interest Rate Act) x living cost.

② In addition, the Defendant shall pay consolation money to the Plaintiffs who are F and their bereaved family members due to the instant accident. The amount of consolation money is KRW 60,000,000 for F, and KRW 10,000 for the Plaintiff A, KRW 5,000 for the Plaintiff B and C, respectively.

③ The amount equivalent to F’s damages claim 142,892,734 won (=82,892,734 won 60,000,000 won) of F’s 61,239,744 won (=142,892,734 x 3/7) x 3/7) x 40,826,495 won (i.e., 142,892,734 won x 2/7) for the Plaintiff, B, and C according to statutory shares of inheritance respectively.

Accordingly, the claim amount of the plaintiff A has 71,239,744 won (=61,239,744 won), the plaintiff B, and C, including the above inheritance amount and the consolation money (10,000,000 won).

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