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(영문) 서울남부지방법원 2015.04.30 2014나55883
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. The reasoning for this court’s explanation is as follows: (a) the reasoning for the first instance judgment is the same as that for the first instance judgment; and (b) the reasoning for the first instance judgment is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

C. In light of the fact that the network H driving with the fruits set off on the off-to-pon of negligence not only made the left turn turn on the two-lanes on the two-lanes on the two-lanes road, but also made the left turn in the straight line that is not the left turn signal, in violation of the signal, and that it is difficult for F to expect that the deceased would make a left turn on the two-lanes by driving the one-lanes in line with the signal. However, in light of the fact that F was negligent in driving the speed above the speed of 80km speed per hour and speed of 133.5 km per hour, it is reasonable to deem the F’s fault ratio and the deceased’s fault ratio to 70%.

(F’s negligence 70% in the first instance court: 30% in the deceased’s negligence, but F’s negligence 30% in the first instance court: F’s negligence 70% in the deceased’s negligence : 70% in the case of the deceased’s negligence : 4,185,250 won in the case of the deceased’s lost income after offsetting the negligence (13,950,834 x 30% in the case of the lost income x 30% in the case of the Plaintiff’s property loss) and 90,000 won in the case of the Plaintiff’s property loss.

Ultimately, the amount of the plaintiffs' property damage claim, which is the deceased H's heir, is the plaintiff A 2,041,431 won [1,141,431 won (4,185,250 won x statutory inheritance 900,000 won], Eul, C, D, and E 760,954 won (4,185,250 won x statutory inheritance 2/11).

The consolation money shall be determined as KRW 25 million in consideration of all the circumstances, such as the occurrence of the traffic accident of this case, the F and the deceased’s rate of negligence, the result of the deceased’s death, and the fact that F deposited the Plaintiffs a total of KRW 3 million.

E) Accordingly, the plaintiffs' damage claim amounting to A8,859,612 won [2,041,431 won for property damage 6,818,181 won for consolation money 6,818,181 won (2,5 million won x statutory inheritance 3/11, the plaintiff B, C, D, and E, respectively. 5,306.

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