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(영문) 전주지방법원 2017.07.21 2016가단30595
손해배상(자)
Text

Defendant KRW 5,00,00, and KRW 19,230,769, and KRW 15,153,846, respectively, to Plaintiff C, D, E, F, and G.

Reasons

On April 15, 2016, H, when driving a motor vehicle with Tecas (hereinafter referred to as “Defendant-motor vehicle”) around 16:48 on April 15, 2016, H had not discovered a network I (hereinafter referred to as “the network”), which had been conducting coloring operations on the road at the time when it was negligent in failing to properly examine the front state of the national highway, and caused death by collision with the front part of the motor vehicle.

(A) Nos. 1 and 3, and hereinafter referred to as “the instant accident”). The Plaintiff is the mother of the Deceased, and the Plaintiff B is the deceased’s spouse, and the rest of the Plaintiffs are the children of the Deceased.

(A) The defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to the defendant vehicle.

According to the above facts of recognition of liability, the defendant is liable for damages suffered by the deceased and their families due to the accident of this case as the insurer of the defendant vehicle.

In addition, in light of the evidence Nos. 2, 1, 2, 3-1 through 7, 4, 5, and 6, there seems to be no reason to limit the defendant's liability.

In consideration of all the circumstances, such as the death of the deceased, the relationship between the plaintiffs and the deceased, and the details of the plaintiffs' claims, the deceased shall be recognized as 40 million won, 500,000 won to the plaintiff A, 10,000 won to the plaintiff B, and 10,000 won to the other plaintiffs, respectively.

Therefore, the Defendant paid to the Plaintiff A KRW 5,00,000, and KRW 19,230,769 (the deceased’s consolation money of KRW 10,00,000,000 x KRW 3/13 in inheritance) to the Plaintiff, respectively, KRW 15,153,846 (the deceased’s consolation money of KRW 9,00,000,000 x 2/13 in inheritance) to the rest of the Plaintiffs, and each of them, after the date of the instant accident, shall be 15,153,846 (the deceased’s consolation money of KRW 40,00,000 x 40,00 in inheritance x 2/13 in inheritance) as the Plaintiff’s claim after the date of the instant accident, from April 19, 2016 to July 21, 2017, which is the date of this judgment.

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