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(영문) 서울중앙지방법원 2017.11.03 2017가단31676
손해배상(자)
Text

1. The Defendant: (a) against Plaintiff A, KRW 162,770,097, KRW 103,238,853, and each of the said money to Plaintiff B and C, respectively; and (b) on March 4, 2017.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) D is a E NAS car (hereinafter “Defendant vehicle”) under the influence of alcohol with a blood alcohol content of 0.153% around March 4, 2017 at around 17:20.

(ii) He driving a GW, while proceeding at a speed of about 50 km in speed above the center line while driving the GW and driving it at a speed of about 50 km in speed from the middle reservoir room to that of the new city. H (hereinafter referred to as “the network”) proceeding on the opposite direction to the moving direction of the Defendant vehicle by negligence going beyond the center line.

2) On the same day, the part of the left front part of the driver’s vehicle was taken into account as the part of the left front part of the Defendant vehicle and caused H to death at low blood shocks around 20:15 on the same day (hereinafter “accident”).

(2) Plaintiff A is the deceased’s spouse, Plaintiff B, and C, and the Defendant is an insurer who entered into a motor vehicle comprehensive insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap 1 through 5, 15 evidence, Eul 3 and 4 evidence (including each number, hereinafter the same shall apply), the purport of the whole pleadings

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

C. Limit of liability, however, there is negligence on the deceased who did not wear a safety bell, and such negligence is deemed to have contributed to the expansion of damages caused by the instant accident, so the Defendant’s responsibility is limited to 90%.

(10%) 2. In addition to the items separately described below within the scope of liability for damages, the period for the convenience of calculation shall be calculated on a monthly basis in principle, 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, the parties' arguments are separate.

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