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(영문) 서울중앙지방법원 2016.04.29 2015가단5295266
손해배상(자)
Text

1. The Defendant shall pay to Plaintiff A and B each amount of KRW 200,874,568 and each of the said amounts from June 9, 2015 to April 29, 2016.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C is a DNA vehicle under the influence of alcohol at around 17:50 on June 9, 2015 (hereinafter “Defendant vehicle”). C is a DNA vehicle under the influence of alcohol with a 0.155% alcohol content.

In order to cross the above road, the driver's driving of the vehicle and the driver's driving of the vehicle and the driver's driving of the vehicle, the first 20 - 1-h 20 -h 20 -h o high school in Yangsan, bypassing it to the air-high school protection area from the high school, and then, in order to cross the road, collision the deceased, who is located

(2) The Plaintiffs are the parents of the Deceased, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 8, 11 (including branch numbers if there are branch numbers), the purport of the whole pleadings

B. According to the above facts of recognition of liability, the insurer is liable for damages suffered by the deceased and the plaintiffs due to the accident of this case.

C. In order to cross the road as to the limitation of liability, the deceased in the traffic island connected to the crosswalk cannot be deemed to have any responsibility for the occurrence of the instant accident, and there is no reason to limit the Defendant’s liability in this case.

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

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

Personal information 1) Personal data of the deceased: The same shall apply to the entry in the column for “basic matters” in the attached Form for calculation of damages: 2) Income and operating period: It shall be deemed that the urban daily wage has been made once a month until he/she reaches the age of 60.

3) Cost of living: calculated on the basis of 1/34 income: Attached Form.

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