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(영문) 서울서부지방법원 2020.12.08 2019가단235996
손해배상(자)
Text

1. The defendant shall pay to the plaintiff A 32,737,767 won, the plaintiff B, the plaintiff C, and the plaintiff D 17,158,511 won and each of the above amounts.

Reasons

1. Occurrence of liability for damages;

A. 1) The F, which entered into an integrated motor vehicle insurance contract with the Defendant, is the franchise vehicle (G; hereinafter “Defendant vehicle”);

A) On April 16, 2019, at the time of the port of port on April 15:50, 2019, the driver entered the intersection in front of the south-gu H in violation of the signal, and accordingly, the I driver’s 5 vehicle (J; hereinafter “Plaintiff’s vehicle”) that entered the intersection under normal signals.

2) The lower part of the right side was shocked (hereinafter “instant accident”).

2) On April 16, 2019, K, which was on the back of the Plaintiff’s vehicle due to the instant accident (hereinafter “the deceased”), died on the back of the Plaintiff’s vehicle (hereinafter “the deceased”) around 17:47, while receiving medical treatment by the hospital due to injury, such as bovine spongiformiform encephalopathy, etc.

3) The plaintiff A is the deceased's spouse, and the plaintiff B, C, and D are the deceased's children. [The facts that there is no dispute over the grounds for recognition, Gap No. 1-4, and Eul No. 2, and the purport of the whole pleadings.

B. Since the deceased died due to the operation of the Defendant’s vehicle, the Defendant is an insurance company that concluded a comprehensive automobile insurance contract for the Defendant’s vehicle, and is liable to compensate the Plaintiffs for the damage caused by the deceased’s death due to the instant accident.

C. According to the purport of the evidence No. 2 of the limitation of liability and the entire arguments, it is recognized that the deceased was on board the back page at the time of the instant accident, and that the deceased’s negligence caused the expansion of the instant accident. Therefore, in calculating the damages of this case, the Defendant’s responsibility is limited to 90% (the deceased’s negligence at 10%) by taking this into account.

2. Scope of liability for damages

A. In light of the purport of the Plaintiffs’ assertion, the Deceased’s age exceeded the ordinary maximum working age (65 years) at the time of the instant accident. However, the Deceased, from May 1, 2018, was raising KRW 2,00,000 per month while serving in the Gancheon L, which was located in the M hotel (2,00,000 per month.

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