(영문) 서울중앙지방법원 2014.11.25 2014가단81632

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(영문) 서울중앙지방법원 2014.11.25 2014가단81632

손해배상(자)

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1. As to each of the Plaintiffs’ KRW 15,900,000 and each of the said money, the Defendant shall have 5% per annum from August 31, 2013 to November 25, 2014.

Reasons

1. Occurrence of liability for damages;

A. 1) The F is the Defendant vehicle at around 05:40 on August 31, 2013 (hereinafter “Defendant vehicle”). The F is the Defendant vehicle.

) On the part of negligent negligence in neglecting the duty of Jeonju City, while driving a road of one-lane in front of Hosan-si, Hosan-si, Hosan-si, a 2-lane, a village-based, in the ridged from the ridged room to Hoam elementary school, Ha (hereinafter referred to as “the deceased”).

(B) In the end of the support stand between the right side of the Defendant’s vehicle without finding the deceased, the deceased was placed above the floor of the deceased, and the deceased was caused the deceased’s death at the brain training end due to a sudden tension increase in the brain pressure around 15:02 on the same day (hereinafter “instant accident”).

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

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8, 9 (including each number), the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is the insurer of the defendant vehicle and is liable for the damages suffered by the plaintiffs, who are the deceased and their bereaved families.

C. Limit of liability, however, it is reasonable to limit the defendant's liability to 90% in consideration of the aspect that the defendant's liability is fair sharing of damages, since the accident place is without distinction between the vehicular road and India.

(10%) 2. In addition to what is separately stated below the scope of liability for damages, it shall be dismissed that the parties' arguments are not separately stated.

Funeral expenses: 5,000,000 won (1/5 each disbursement by the plaintiffs)

B. Limitation of liability: Defendant’s liability 90%

C. Reasons for consolation money 1: The circumstances of the instant case, the deceased’s age, and negligence.

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