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(영문) 대구지방법원 2019.09.05 2018나320083
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs ordering payment is revoked.

The defendant is against the plaintiff A 23.

Reasons

1. The facts of recognition and the grounds for the judgment in this part of the plaintiffs' assertion are as follows: "231 months until August 20, 2036" under the third part; "243 months until August 19, 2037"; "19 years and 20 days until August 20, 2036" under the last part of the third part is as "20 days until August 20, 2036" and "3 months until August 19, 2037 until August 19, 2037," respectively, the corresponding part of the judgment in the first part (2 through 4, and 15 days from the third part of the judgment in the first instance). Thus, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Occurrence of liability for damages;

A. According to the above facts as to the recognition of liability, the deceased died due to the instant traffic accident caused by the J’s negligence, and the defendant, as the insurer of the instant sea vehicle, is liable to compensate for the damages suffered by the plaintiff A, who is his/her spouse, and his/her father B, who is his/her father and the deceased’s spouse.

B. The limitation of liability: (a) the Defendant’s liability is limited to 90% by taking account of the following circumstances: (b) the Deceased, at the time of the occurrence of the instant traffic accident, passed along the roadways divided between India and the roadways; and (c) it appears that he did not pay attention to the surrounding environment, such as mobile phone conversations.

3. In principle, a period of time shall be calculated on a monthly basis unless a separate statement is made for the convenience of calculating the scope of liability for damages, but the period less than the last month and less than KRW 1.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

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

(1) Property damage 1) The facts of recognition and evaluation (1) personal information: A man who has been born, and on August 5, 44 at the time of the accident, income: 2,216,66 won per month and the overall purport of the pleading is added to the statement in the evidence No. 4 of 2,216,66 won per month, while the deceased serves as a physical clinic prior to the traffic accident in this case.

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