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(영문) 서울중앙지방법원 2015.11.26 2014가단5321960
손해배상(자)
Text

1. The Defendant: (a) from July 18, 2014, the Plaintiff 65,01,329 won, Plaintiff B, C, and D respectively; and (b) from July 18, 2014.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition showed that, around 09:59 on July 18, 2014, E driven F truck, the owner of YTT, and proceeded in the direction of the Supreme Court in the direction of the Seoul High School in the direction of the Seoul High School, which is located in the front of the 202 Seocho-gu Seoul High School, along with the front of Seocho-gu Seoul High School, while driving in the direction of the Korean Armed Forces Information Headquarters, went out in the direction of the Korean Armed Forces Information Headquarters. On the other hand, G crossinging a point going about about four meters away from the crosswalk stop line, according to the pedestrian signal of the crosswalk, went over to the right edge of the said cargo (hereinafter “instant accident”). As a result, G died due to damage to two parts of G.

Plaintiff

A is the husband, plaintiff B, C, and D of the net G (hereinafter referred to as "the deceased")'s children, and the defendant is the mutual aid contractor who has entered into a mutual aid agreement for the foregoing cargo vehicle driven by E.

[Evidence] Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

B. According to the facts found as above, E was driving the above cargo while causing the accident of this case and causing the death of the deceased, the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case.

C. The Deceased’s liability is limited to 95% of the Defendant’s liability in consideration of the foregoing, given that he/she erred in crossing the road without carefully examining the movement of the vehicle while crossing the road.

(5%) 2. The calculation of the price shall be made in accordance with the calculation method in the heading type, which deducts the intermediate interest at the rate of 5/12 per month of the scope of liability for damages, and the monthly and less than KRW 10 shall be discarded for the convenience of the calculation.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

(a) Personal information on lost income (net income) 1: Hproductive female (the remaining 51 years old and 7 years old at the time of the instant accident) income and operating period: up to December 17, 2022.

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