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(영문) 서울중앙지방법원 2016.02.26 2014가단5203109
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 114,034,953, Plaintiff B, and C, respectively, KRW 71,689,969 and each of the said money, March 28, 2014.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) D is the E salary class 3 truck around 09:25 on March 28, 2014 (hereinafter “Defendant vehicle”). D is the E salary class (hereinafter “Defendant vehicle”).

(ii) while driving and unloading the cargo at G located in the Yongsan-gu Seoul Metropolitan City F G located in Ilyang-gu, U.S., in order to load the cargo, the network H (hereinafter referred to as “the deceased”) being cleaned at the said workplace;

3) As to Defendant 1’s vehicle’s back part, the deceased died (hereinafter “instant accident”).

(2) Plaintiff A is the husband of the deceased, Plaintiff B, and C, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 11 through 12 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above facts, the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case as the insurer of the defendant vehicle.

C. The limitation of liability: (a) the Deceased, as he/she may also take the steps to load the loaded goods at the workplace; (b) the Deceased’s fault was anticipated and failed to promote his/her safety; and (c) the Deceased’s fault was an important cause for the occurrence of the instant accident or the expansion of damages; and (d) the Deceased’s fault should be considered in calculating the amount of damages that the Defendant should compensate, but the Defendant’s liability is limited to 80% by comprehensively taking into account all the circumstances

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

In addition, the parties' arguments are separate.

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