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(영문) 서울중앙지방법원 2018.09.12 2017가단5187901
손해배상(기)
Text

1. The Defendants jointly and severally against the Plaintiff A 60,000,000 won, Plaintiff B, C, and D respectively, and each of them.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) Defendant E is the Fcar around 18:59 on February 16, 2017 (hereinafter “Defendant vehicle”).

(ii) A driver’s license and run the vehicle in the Bosong-ri’s Bosong-ri (“instant accident”) by violating the speed of 164 km at a speed exceeding the speed of 164 km and caused the death of the vehicle to the right-hand side of the proceeding direction by shocking G and H with the right-hand side of the crosswalk, and causing the death of the vehicle due to multiple prolonged damage (hereinafter “instant accident”).

2) The Plaintiffs and I are children of the network G and H, and the Defendant Han Lan Insurance Co., Ltd. is the insurer that entered into a comprehensive automobile insurance contract with respect to the Defendant vehicle.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3 (including virtual number), the purport of the whole pleadings

B. According to the above facts of recognition of liability, the Defendants are jointly and severally liable for damages suffered by the network G, H and the Plaintiffs due to the instant accident.

2. Scope of liability for damages

(a) Funeral expenses: 10,000,000 won (Plaintiff A expenditure);

B. Damages 1) Net G: (a) Network G (B) network of 100,000 won: 10,000,000 won, each of the Plaintiffs was KRW 10,000,000,000,000, as shown in the argument of the instant case, such as the background of the instant accident, the deceased’s age and degree of negligence, and the relationship with the Plaintiffs;

(c) Amount subject to inheritance 1): Inheritance amount of KRW 200,000: each of the plaintiffs (=200,000,000 x 1/5) 40,000 won (i.e., 200,000 x 1/5)

3. The Defendants are jointly and severally liable to Plaintiff A for KRW 60,00,000 (i.e., KRW 40,000,000 funeral expenses of KRW 10,000,000 for inheritance expenses of KRW 10,000 for funeral expenses of KRW 10,000 for funeral expenses), Plaintiff B, C, and D, respectively (i.e., KRW 40,000 for inheritance amount of KRW 10,000 for consolation money of KRW 10,000 for inheritance amount of KRW 40,000 for inheritance amount of KRW 10,000 for each of them), which is the date of the instant accident, from February 16, 2017 to September 12, 2018, and the rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date of the instant judgment.

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