(영문) 서울중앙지방법원 2020.10.14 2019가단5114839

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2020.10.14 2019가단5114839

손해배상(자)

Text

1. The Defendant’s KRW 16,416,66, Plaintiff B, C, and D respectively, and each of them from March 15, 2019.

Reasons

1. Occurrence of liability for damages;

A. (1) On March 15, 2019, the driver of the Defendant’s vehicle driven the Defendant’s vehicle at around 06:20, and driven the Defendant’s vehicle at around 06:20, the driver of the Defendant’s vehicle led the Defendant’s vehicle to a speed of about 60 km (40 km speed at a speed of speed of 80 km) at the speed of speed depending on the vehicle signal, depending on the vehicle’s progress, depending on the vehicle signal, along with one lane in front of the Seoul Jung-gu, Jungdong-gu, Seoul, and caused the death of H.

(2) The Plaintiffs jointly inherited the Deceased as the deceased’s spouse and children, and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with the Defendant’s vehicle.

[Ground of Recognition] Facts without dispute, Gap 1-3, Gap 10-12, Eul 1-2, video (including virtual numbers), the purport of the whole pleadings

B. According to the above recognition of liability, the defendant is liable to compensate the deceased and the plaintiffs for damages caused by the instant accident as an insurer of the defendant vehicle, unless there are special circumstances.

C. The limitation of liability, however, according to the above evidence and the purport of the argument as a whole, the deceased's negligence is deemed to be 45% in light of all the circumstances, such as the circumstances surrounding the accident site, the details and degree of the driver's breach of duty of care, and the age of the deceased, and the deceased's negligence is deemed to be 45% in light of the following: (a) the deceased's wear of clothes in the line of duty at night, without sufficiently examining the vehicle's progress even though the crosswalk was installed in the vicinity of the accident site; and (b) the deceased's failure is deemed to be caused by the accident.

2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 shall be discarded;

The current calculation of damages at the time of the accident shall deduct the interim interest at the rate of 5 percent per month.

유사 판례

-서울중앙지방법원 2014.11.25 2014가단138439

-서울중앙지방법원 2018.05.30 2017가단56194

-서울중앙지방법원 2018.08.24 2017가단5046642

-서울중앙지방법원 2016.09.28 2014가단5200339

-서울중앙지방법원 2014.11.26 2014가단59802