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(영문) 서울중앙지방법원 2016.01.29 2015가단120190
손해배상(자)
Text

1. The Defendant: (a) KRW 180,99,326 for Plaintiff A; (b) KRW 175,99,326 for Plaintiff B; and (c) for each of them, from June 19, 2015 to June 2016.

Reasons

1. Occurrence of liability for damages;

A. 1) Recognition 1) C is a D van around 09:07 on June 19, 2015 (hereinafter “Defendant vehicle”).

(i)a net G (hereinafter referred to as “the network”) that was left behind the right side of the vehicle while driving and staying at the EF childcare center without taking into account the situation of the rear side in the front of the entrance.

(C) Around 12:54 of the same day, he/she died of low-blood shocks, etc. (hereinafter “instant accident”).

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

[Ground for Recognition: Facts without dispute, Gap's evidence 6 (including paper numbers), the purport of the whole pleadings]

B. According to the above fact of recognition of liability, the defendant, the insurer of the defendant vehicle, is liable for damages suffered by the deceased and the plaintiffs due to the accident of this case.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

Personal information 1) Personal data: as stated in the column for “basic matters” in the annexed sheet for calculation of damages: (2) Income and operating period: Urban Daily Wage, and living cost from 19 to 60): Calculation of income 1/34: It shall be as stated in the annexed sheet for calculation of damages.

(b) Funeral expenses: 5,00,000 won (Plaintiff A expenditure).

C. Consideration 1) Consideration: The amount recognized as follows: (a) all the circumstances revealed in the arguments of the instant case, such as the background of the instant accident, the age and degree of negligence of the Deceased, and the relationship with the Plaintiffs (a) the Deceased: KRW 80,000,000 (b).

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