logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.11.24 2017가단5072368
손해배상(자)
Text

1. The Defendant: (a) KRW 48,021,270; (b) KRW 25,180,847; and (c) KRW 25,847, respectively, to Plaintiff A; and (c) from March 11, 2017 to each of the said money.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) D D means the ENF Engine cab (hereinafter “Defendant”) around 19:37 March 11, 2017.

(G) A driver’s license, driving on the road in the direction of “G” located in Gyeonggi-gun F, Gyeonggi-do along the three-lane of “G” (hereinafter referred to as “the network”) and driving on the road along the one-lane of Jeoncheon-gu, B (hereinafter referred to as “the network”) with a speed exceeding 48 km per hour by speed exceeding 108 km per hour, and driving on the road at a speed exceeding 48 km per hour.

(2) Defendant 1 was the front part of the Defendant 1’s vehicle, and she was her bridge part on the road. Ultimately, D caused the deceased’s death due to the occupational negligence, such as a dives wound, etc. (hereinafter “instant accident”).

2) The Plaintiff A is the deceased’s spouse, the PlaintiffB, and C, and the Defendant is a mutual aid operator who entered into a motor vehicle mutual aid agreement with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap 1 through 4 evidence, Eul 2 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs, who are the deceased and their bereaved family members, as mutual aid business operators of the defendant vehicle.

C. However, according to the above evidence, in full view of the following: (a) the deceased’s error of crossing the three-lane road at night while drinking alcohol without permission for pedestrian red signal, the deceased’s above error is deemed to have caused the occurrence of the instant accident and the expansion of damage; (b) thus, the Defendant’s liability is limited to 65% by taking this into account.

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 amount of damages shall be calculated at the rate of 5/12 per month.

arrow