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(영문) 서울중앙지방법원 2018.05.30 2017가단56194
손해배상(자)
Text

1. The Defendant: (a) KRW 10,969,056 for each of the Plaintiff A and each of them on December 2, 2016, respectively, to Plaintiff B, C, D, and E.

Reasons

1. Occurrence of liability for damages;

A. 1) F is a G truck around 09:02 on December 2, 2016 (hereinafter “Defendant vehicle”).

ii) A driver’s license to drive the Ha to drive the Ha to drive the Ha to drive the Ha to the right side of the Defendant vehicle while proceeding to the Ha to the right side of the Ha to the left side from the direction of the proceeding (hereinafter “the instant accident”).

2) Around 10:49 on the same day, I (hereinafter “the deceased”) died due to the instant accident.

3) The Plaintiff A is the deceased’s wife, and the Plaintiff B, C, D, and E are the deceased’s children, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract regarding the Defendant’s vehicle. [Recognition-based] The absence of dispute, A’s evidence Nos. 1 through 3, and 15 (including paper numbers, the purport of the entire pleadings)

B. According to the fact of recognition of liability, the defendant is liable for the damage suffered by the deceased and his bereaved family members due to the instant accident as the insurer of the defendant vehicle.

C. Restrictions on liability: (a) the Deceased, as well as the Deceased, was negligent in proceeding without having well examined the right and the right before entering the intersection; and (b) such negligence was a considerable cause for the occurrence of the instant accident and the expansion of damages, and thus, the Defendant’s liability is limited to 60% in consideration of such circumstances.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed Schedule of Calculation of Compensation, and the period for calculation convenience shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

It is rejected that the parties' arguments have not been separately explained.

Personal information 1) Personal data: as stated in the column for “basic matters” in the attached Form for calculation of damages: 2) Income and operating period: The deceased shall be 80 years of age at the time of the instant accident.

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