(영문) 서울중앙지방법원 2014.11.25 2014가단138439

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(영문) 서울중앙지방법원 2014.11.25 2014가단138439

손해배상(자)

Text

1. The Defendant: (a) from March 20, 2014, to Plaintiff A, KRW 110,834,114, and each of the said money to Plaintiff B.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C is D Lastasi (hereinafter “Defendant”) around 00:25 March 20, 2014, around 00:25, 2014

(i) When driving a vehicle and driving a road in front of the Seoul Southern-gu, Gangnam-gu, Seoul, along one lane between the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes, while driving the road in front of the road in front of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the road, due to the negligence that has been driven in violation of the duty of transitioning at a speed of 82km/h above the speed limit of 60km in accordance with the vehicle signal while driving the road in front of the two-lanes

) The part of the front part of the Defendant vehicle, without discovering the U.S. vehicle, received the deceased as the front part, and caused the deceased to die at around 10:50 on the same day, and caused the deceased to die as brain cerebral cerebral cerebral Spons by blood species (hereinafter “instant accident”).

(2) The Plaintiffs are the parents of the Deceased, and the Defendant is the mutual aid business entity that entered into a mutual aid agreement on the Defendant’s vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 10, 11 (including each number), the purport of the whole pleadings

B. According to the fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs, who are the deceased and their bereaved family members, as mutual aid business operators of the defendant vehicle.

C. Limit of liability, however, the deceased is negligent in governance in violation of pedestrian signal at night, and such negligence appears to have caused the occurrence of the instant accident and the expansion of damage. Therefore, the Defendant’s liability is limited to 50%.

(50%) 2. In addition to the items separately stated below the scope of liability for damages, the period for the convenience of calculation shall be calculated on a monthly basis, and in principle, the amount of less than the last month and less than KRW 50 shall be discarded.

The amount of damages shall be calculated at the rate of 5/12 per month.

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