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(영문) 서울중앙지방법원 2014.11.28 2014가단136358
손해배상(자)
Text

1. The Defendant: 5% per annum from March 24, 2014 to November 28, 2014 with respect to each of the Plaintiffs’ KRW 92,822,030 and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C are D vehicles around 23:15 on March 24, 2014 (hereinafter “Defendant vehicles”).

(B) On the other hand, in the latter part of the Daegu Suwon-dong 2nd apartment distance from the front part of the Daegu Natural Science and the latter part of the Simar-gu, which led to the negligence of neglecting the duty of front-way watch, etc. while driving along the two lanes from the front side of the Simar-gu in the direction of the running of the Defendant’s vehicle, the crosswalk in front of the direction of the running of the Defendant’s vehicle without permission, on the right side of the left side while pedestrian signal is red (hereinafter referred to as “the network”).

(2) The deceased did not discover the U.S. and received the deceased on the left side of the Defendant’s vehicle, and caused the deceased to die at around 00:20 on March 25, 2014 (hereinafter “instant accident”).

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

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 7 through 17, Eul evidence No. 1 and video (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. The limitation of liability, however, is limited to the deceased's liability by taking into account all the circumstances, such as the situation of the accident in this case, where the deceased was negligent in crossing the three-lane road at night despite pedestrian signal being red, and such mistake was caused by the accident in this case, and the defendant's liability is limited to 45% by taking into account all the circumstances.

(55%) 2. In addition to the items separately stated below the scope of liability for damages, the period of convenience in calculation shall be calculated on a monthly basis, in principle, but less than the last month and less than KRW 5 shall be discarded.

The current price of damages at the time of the accident shall be calculated monthly.

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