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(영문) 서울중앙지방법원 2017.05.31 2015가단5375490
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 111,450,315, and KRW 71,96,876, and each of the said money to Plaintiff B and C, respectively, and each of the said money on August 16, 2015.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) D is the E-motor vehicle (hereinafter “Defendant-motor vehicle”) around 14:00 on August 26, 2015.

(B) On the road in front of the Gu-Si, Gu-Si, after driving, left G between the vehicle of G parked behind the Defendant’s vehicle and the rear, resulting in the death (hereinafter “instant accident”), and G is called “the deceased.”

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

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 2 evidence (including partial number), the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is the insurer of the defendant vehicle and is liable for the damages suffered by the plaintiffs, who are the deceased and their bereaved families.

C. On the other hand, while inducing D’s diagnosis, the deceased died between two vehicles due to a mistake that did not secure sufficient safety spaces, and that caused the death of two vehicles in close vicinity. Since such mistake was a considerable cause for the occurrence of the instant accident and the expansion of damage, the deceased’s fault ratio shall be deemed 30%, and the Defendant’s responsibility shall be limited to 70%.

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 percent per month to deduct the interim interest.

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

Personal information 1) Personal data: as stated in the “basic matters” list of the amount of damages calculated in the attached Form. 2) Income and operating period, the Plaintiffs obtain business income and wage and salary income while operating a ready-mixed vehicle by the deceased.

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