logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.08.08 2015가단5385862
손해배상(자)
Text

1. The Defendant: (a) KRW 162,359,120 to Plaintiff A; and (b) KRW 107,072,747 to Plaintiff B; and (c) to each money, from October 24, 2015 to October 24, 2016.

Reasons

1. Occurrence of liability for damages;

A. 1) On October 24, 2015, C is a D passenger car (taxies and hereinafter “Defendant taxi”) around 00:47 on October 24, 2015.

) A person driving his/her vehicle along and driving along the vicinity of the south-west, Taecheon-si, along two-lanes from the Seoul to the west. During that process, he/she shocked the E crossinging from the right side of the running direction of Defendant taxi to the port (hereinafter referred to as “instant accident”).

2) The E (hereinafter “the deceased”) died due to the instant accident.

3) The Defendant concluded a mutual aid agreement on Defendant taxi. 4) The Plaintiff is the deceased’s spouse, and the Plaintiff B is the deceased’s child.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 3, 6 (including each number), the purport of the whole pleading

B. According to the fact of recognition of liability, the Defendant is liable to compensate the Deceased and the Plaintiffs for damages caused by the instant accident as a mutual aid business entity of Defendant taxi.

C. Limit of liability, however, according to the evidence Nos. 1 and 2 (including each number), the Deceased also did not cross the four-lane road from the crosswalk at night at a point of about 27 meters away from the crosswalk.

The deceased’s mistake was caused by the occurrence and expansion of the damages caused by the instant accident.

Therefore, the defendant's liability is limited to 55% by taking the deceased's negligence into account 45%.

2. Except as otherwise stated below within the scope of liability for damages, each corresponding item of the attached Table of Calculation of Compensation Amount.

In principle, the period for the convenience of the calculation shall be calculated on a monthly basis, but the period of 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 is rejected that the parties' arguments are not stated separately.

The daily income: Personal matters of KRW 368,512,488: The amount of damages calculated in attached Form 1.

arrow