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(영문) 서울중앙지방법원 2014.06.03 2013가단298259
손해배상(자)
Text

1. The Defendant: (a) KRW 83,059,849 for each of the Plaintiff A and B; and (b) KRW 5% per annum from August 14, 2013 to June 3, 2014; and (c)

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C is a D class solid freight vehicle (hereinafter “Defendant vehicle”) under the influence of alcohol on August 14, 2013 at around 22:15, with a blood alcohol concentration of 0.119%.

(ii) a network G (hereinafter referred to as “the network seal”) with the right edge of the road in the same direction as it was negligent in neglecting the duty of Jeonju, while driving the Fjudo road in front of the Fjudo station in Incheon Cheongjin-gun, in front of the Fjudo Office, on the right edge of the road.

2) The deceased caused the death of the deceased due to brain damage on the day (hereinafter “instant accident”) by shocking the front part of the Defendant vehicle.

(2) Plaintiff A and B are children of the Deceased, and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 19 through 27, Eul evidence 1 to 4 (including additional numbers), 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, since the time of the accident in this case is at night and the place is also one-way road without distinction between the roadway and India, pedestrians have the duty to ensure their own safety by travelling along the roadside or the roadside area in the direction opposite to the vehicle (see Article 8(2) of the Road Traffic Act), the Deceased is walking in the same direction as the vehicle.

It is reasonable to limit the defendant's responsibility to 90%, since the deceased's negligence caused the occurrence and expansion of the accident of this case, and such negligence was caused by the accident of this case.

(10%) 2. The ratio of negligence of the deceased shall be the same as each corresponding item of the attached Table of the calculation of damages, except as otherwise stated below within the scope of liability for damages.

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