(영문) 서울중앙지방법원 2014.12.12 2014가단120339

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(영문) 서울중앙지방법원 2014.12.12 2014가단120339

손해배상(자)

Text

1. The Defendant: (a) KRW 178,810,624 to Plaintiff A; and (b) KRW 174,310,624 to Plaintiff B; and (c) each of the said money to Plaintiff B, from January 1, 2014 to January 1, 2014.

Reasons

1. Occurrence of liability for damages;

A. On January 1, 2014, at around 18:20, C driving a D car (hereinafter “Defendant vehicle”) and driving a two-lane road on the front side of Gwangju City, which is located in the air-conditioning in Gwangju City, the front side of the two-lane road was not discovered, due to negligence on the part of neglecting the duty of front-way watching (hereinafter “the network”) and caused the death of the deceased on the front side of the Defendant vehicle without discovering E (hereinafter “the network”). Accordingly, on January 21, 2014, the Deceased died in the front side of the vehicle, such as a thromatic part, around 16:40.

(2) The plaintiffs are the parents of the deceased, and the defendant is the insurer who has concluded the comprehensive automobile insurance contract with respect to the defendant's vehicle.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, and 8 (including paper numbers) and the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is liable to compensate the plaintiffs who are the deceased and their bereaved family members due to the accident of this case as the insurer of the defendant vehicle.

C. However, the limitation of liability is limited to the deceased's fault to cross the crosswalk at night without sufficiently examining the left and right safety in crossing the crosswalk, and such negligence also caused the occurrence of the instant accident and the expansion of damages. Therefore, it is reasonable to consider the amount of damages against the deceased in determining the amount of damages, but it is reasonable to view the deceased's negligence as 10% in light of all the circumstances such as the circumstances of the instant accident. Thus, the defendant's responsibility is limited to the remaining 90%.

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 current value of damages at the time of the accident shall be 5/12 percent per month.

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