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(영문) 서울서부지방법원 2017.05.30 2016가단250765
손해배상(자)
Text

1. The defendant shall be 30,816,867 won to the plaintiff A, 16,90,120 won to the plaintiff B, and 11,326,747 won to the plaintiff C and each of the above amounts.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The network D (hereinafter “the network”).

(A) On February 9, 2016, the E-Motor vehicle volume (hereinafter referred to as “Defendant vehicle”) of the E-driving vehicle (hereinafter referred to as “Defendant vehicle”) is being driven by a two-wheeled vehicle (on the first lane) in the direction of a bluter in the direction of a bluter in the front side of the bus terminal in front of the 24 gender death distance from the front side of the bus terminal in Ansan-si, Ansan-si, the front side of which was separated from the chemical group by driving the two-way exclusive lanes.

3) On the left side of the Defendant’s vehicle, the Defendant’s vehicle used to overtake to the right side of the Defendant’s vehicle, and shocked the right side of the Defendant’s vehicle (hereinafter “instant accident”).

2) After the instant accident, the Defendant’s vehicle, following the instant accident, leads the Deceased to the collision Hand and proceeds more than 4-5 meters away from the Deceased’s Athratob.

It stopped beyond the sidewalk boundary line.

3) The Deceased’s death was caused by the instant accident, and the Plaintiff and the deceased’s children, the Plaintiff B, and C are the deceased’s spouse and children. [Grounds for recognition] In the absence of dispute, the Plaintiff’s children, the Plaintiff, and C are the deceased’s children, the deceased’s children, the deceased’s children, and the deceased’s children. [The grounds for recognition], the evidence Nos. 1 through 4, A 10, 1, 3, and 5

each entry, video, and the purport of the whole oral proceedings

B. The instant accident of this case’s ratio of liability would result in unreasonable overtaking of the Defendant’s vehicle, which had been followed by the Deceased’s right to the right to the right to the right to the right to the right to the right

However, the defendant's vehicle did not immediately stop the accident of this case, but rather did not stop the vehicle in the direction of the collision and caused the death of the deceased on the wind to handle hand in the direction of the collision.

Considering all the circumstances, such as the details and consequences of the instant accident, it is reasonable to view the ratio of liability between the deceased and the Defendant as 60:40.

2. Except as otherwise stated below the scope of liability for damages, the entries in each corresponding item of the Schedule of Calculation of Amount of Compensation for Damages shall be the same as those stated below.

In principle, the period of the calculation shall be calculated on a monthly basis, but less than the last month and less than the won shall be discarded, and the amount of damages shall be at the time of the accident.

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