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(영문) 서울중앙지방법원 2016.01.27 2014가단5325283
손해배상(자)
Text

1. The Defendant: KRW 57,630,812 to Plaintiff A; KRW 45,413,281 to Plaintiff B; and each of them, from October 12, 2013 to January 2016.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) C is a car of DPa (hereinafter “Defendant”) around 20:00 on September 1, 2013, 2013

)를 운전하여 대전 유성구 봉명동 홈플러스 앞 편도 7차로 중 1차로를 충남대지하차도 쪽에서 갑천대교 쪽으로 시속 약 56.7km의 속도로 진행하던 중, 우측 전조등이 꺼진 자동차를 운전하면서 차량 내에 부착된 DMB를 켠 상태에서 운전하는 등 전방주시 의무를 게을리하여 피고 차량 우측에서 좌측으로 무단횡단하던 E(이하 ‘망인’이라고 한다

) On October 5, 2013, the deceased received the front part of the right part of the bridge, etc., resulting in the death of the deceased at the hospital due to brain pressure, etc. during treatment (hereinafter “instant accident”).

(2) The Plaintiffs are the parents of the Deceased, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 3 through 18, and the purport of the whole pleadings

B. According to the above facts, the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case as the insurer of the defendant vehicle.

C. However, according to the evidence mentioned above, the deceased was also at night at the time, and there was an error of crossing the deceased without permission in the manner of seven-lanes in the central separation unit, and such an error was caused by the occurrence of the instant accident and the expansion of damages, and thus, the defendant's liability is limited to 45% in consideration of this.

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 price calculation at the time of the accident is 5/12 per month.

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