(영문) 서울중앙지방법원 2016.07.22 2015가단5076465

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(영문) 서울중앙지방법원 2016.07.22 2015가단5076465

손해배상(자)

Text

1. The Defendant: (a) KRW 50,761,348; (b) KRW 53,511,348; and (c) KRW 53,51,348; and (b) KRW 50,761,348; and (c) KRW 53,515.

Reasons

1. Occurrence of liability for damages;

A. 1) In fact, C is the Defendant’s vehicle at around 13:05 on February 1, 2015 (hereinafter “Defendant’s vehicle”).

(B) A driver of Dongdaemun-gu Seoul Metropolitan Government in front of the “F” came to bypass the intersection from the side of the tin-to-date market to the height of the deceased. C is deemed to be the accident of this case where: (a) even though he had a duty of care to prevent an accident in advance, he did not discover any G that he was seated on the floor due to a negligent negligence, and the victim’s chest part was placed on the right side with the front side of the road (hereinafter “the accident of this case”).

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

3) The Plaintiffs are the deceased’s children, and the Defendant is the insurer that entered into an automobile comprehensive insurance contract with respect to the Defendant’s vehicle (based on recognition). [In the absence of any dispute, evidence Nos. 1, 3, 8, 9, 15, 16, and evidence Nos. 1, 4 (including paper numbers, and the purport of the entire pleadings)

B. According to the above facts of recognition of liability, the defendant is the insurer of the defendant vehicle and is liable for the damages suffered by the plaintiffs, who are the deceased and their bereaved families.

C. Limit of liability: (a) the Deceased was at the time of the instant accident and was at the time of the accident and was at the time of the accident, and the Deceased’s negligence was a considerable cause for the occurrence and expansion of the damage caused by the instant accident.

In light of the fact that the instant accident occurred during the daytime and the location of the accident is a back-road in the market area, the deceased’s fault ratio shall be 45%, and the Defendant’s responsibility shall be limited to 55%.

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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