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(영문) 서울중앙지방법원 2014.10.16 2013가단166475
손해배상(자)
Text

1. The defendant set to the plaintiff A 214,450,203 won, the plaintiff B 142,187,882 won, and each of the above money from March 3, 2013.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 17:51 on March 3, 2013, C driving a Dschtonn car (hereinafter “the instant hazard vehicle”) at a drinking level of 0.160% of alcohol content in the blood alcohol content of 0.160%, and received a part of the front part of the Maritime Vehicle in front of the Maritime Vehicle in front of the U.S. 29 National Highway in the Cheongyang-gun, Cheongyang-gun, the Cheongyang-gun, the Cheongyang-gun, the Cheongyang-gun, which was running in the opposite direction when the central line was invaded by negligence while driving in the Cheongyang-gun, the upper part of the Maritime Vehicle in front of the instant Maritime Vehicle.

The Deceased died at around 12:30 on March 17, 2013 due to the shock of the hemorous transfusion.

(2) The Plaintiffs are the wife and children of the Deceased, and the Defendant is the insurer of the instant sea vehicle.

B. (1) According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs due to the instant accident, unless there are special circumstances, as the insurer of the instant sea vehicle.

(2) The Defendant alleged that, at the time of the instant accident, the vehicle of the deceased was in excess of the maximum speed, and thus, the Defendant should take account of the deceased’s negligence, but there is no evidence to support this.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 5, each statement and image (including paper numbers) of evidence 13, the purport of the whole pleadings

2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 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 percent per month to deduct the interim interest.

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

Gender (1) Gender of a person’s day of birth: A person’s day of birth (at the time of an accident): A person’s day of birth (at the time of an accident): A person’s day of birth 5 years old: A person’s day of income in 37.32 (2) was engaged in construction business under the name of “H”. However, the reported income amount of the deceased was 930 years of income in 2010.

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