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(영문) 서울중앙지방법원 2018.07.11 2017가단49363
손해배상(자)
Text

1. The Defendant: (a) KRW 116,428,163; (b) KRW 77,618,775 for each of the Plaintiff B and C; and (c) from March 1, 2017 for each of them.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) D is about 00:45 March 1, 2017, E-si (hereinafter “Defendant vehicle”).

) A driver’s license, in violation of the signal at the seat of the Maritime Affairs Office of Education of the Maritime Affairs and Fisheries, of the route park intersection in Busan Metropolitan City, in violation of the signal at the seat of the Maritime Affairs and Trade Office to the Maritime Affairs and Trade Zone customary market area, and was directly in accordance with the progress signal, the front portion of the GV car in front of the left side of the Defendant’s vehicle (hereinafter referred to as “instant accident”).

(2) The F (hereinafter referred to as “the deceased”) died of cerebrovascular due to cerebrovascular on March 15, 2017, while receiving treatment due to the instant accident.

3) The plaintiff A is the husband of the deceased, and the plaintiff B and C are the children of the deceased, and the defendant is a mutual aid business operator who has concluded a mutual aid agreement with respect to the defendant's vehicle. [The grounds for recognition] The fact that there is no dispute, Gap Nos. 1 through 5, 9, and 14 (including the paper numbers, and the purport

B. According to the above recognition of liability, the defendant, who is a mutual aid business operator of the defendant vehicle, is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case.

C. Whether or not to limit liability is the Defendant’s assertion that the Defendant should limit the Defendant’s liability by taking account of the deceased’s failure to wear a safety bell at the time of the instant accident, but it is insufficient to recognize that the deceased did not wear a safety bell on the sole basis of the submitted evidence. Therefore, the Defendant’s above assertion

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 on daily income: Attached Form 1.

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