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(영문) 서울중앙지방법원 2015.11.12 2014가단5346020
손해배상(자)
Text

1. The Defendant: (a) KRW 123,143,91; (b) Plaintiff B, and C, respectively; and (c) KRW 77,095,994; and (c) from August 13, 2014 to November 2015.

Reasons

1. Occurrence of liability for damages;

A. The recognition of D, around 14:11 on August 13, 2014, when driving the E4.5 tons of the 4.5 tons of the truck owned by AS Logistics Co., Ltd., and driving the three-lane road in front of the Ara community credit cooperative at the center of the Jeju city, from the side of the Ara community credit cooperative at Ara elementary school, at the Jeju university. As the said cargo vehicle has lost its power due to the excessive operation of putck, D, without operating the said vehicle, shocked the way to stop without operating the said vehicle, f driver's G taxi, which proceeded in one-lane to the opposite part of the said cargo vehicle (hereinafter referred to as "the instant accident"), and caused the death of the f.o., the f.m. shock shock.

Plaintiff

A is the wife of the net F (hereinafter referred to as “the deceased”), the plaintiff B, and C, and the defendant is the insurer who has concluded a comprehensive motor vehicle insurance contract with the above cargo vehicles driven by D.

[Evidence] Evidence Nos. 1 through 4, Evidence No. 11-1 and 12, the purport of the whole pleadings

B. According to the facts found as above, since D driving the above cargo vehicle caused the accident of this case and caused the death of the deceased, the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case.

C. The Defendant asserts that the Defendant’s liability should be limited by taking account of the deceased’s failure to fasten the safety belt at the time of the instant accident. However, there is no evidence to prove that the deceased did not fasten the safety belt at the time of the instant accident. Therefore, the Defendant’s assertion is difficult to accept.

2. The same shall apply to the entries in the attached table of calculation of damages, except as otherwise stated below within the scope of liability for damages.

It shall be calculated at present in accordance with the calculation method of heading, which deducts intermediate interest at the rate of 5/12 per month as simple interest, and shall be calculated.

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