(영문) 서울중앙지방법원 2015.10.29 2014나71285

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자간(%)

(영문) 서울중앙지방법원 2015.10.29 2014나71285

손해배상(자)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons why the court should explain this part of the liability for damages are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, except in the following cases: (c) the part on the “Restriction on Liability” is as stated in the corresponding part of the reasoning of the judgment of the court of first instance; and (d) it is citing it

[Supplementary measures taken into consideration in calculating the amount of damages to be paid by the Defendant since such negligence was caused by the occurrence of the instant accident and the expansion of damages in the night while the Deceased was under the influence of alcohol. However, the Defendant asserted that there is no proximate causal relation between the speed of the Defendant’s driver and the instant accident, but it is assumed that there was no continuous causal relation between the Defendant’s driver’s speed and the speed of the accident, and that the shock distance would have been reduced if the Defendant’s vehicle would not reach the deceased’s death due to the decline of shock. Thus, the Defendant’s aforementioned defense is not rejected.

() The point where the instant accident occurred is an intersection adjacent to the housing price, and it is reasonable to 50% of the Defendant’s responsibility is limited to 50% of the remainder, given the various circumstances indicated in the instant argument, such as the fact that the packaging mar, where the deceased performed alcohol in the above intersection, was in operation, and the street has been installed in the vicinity of the intersection.

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

참조조문

-민사소송법 제420조

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