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(영문) 서울중앙지방법원 2016.01.29 2013가단5117447
손해배상(자)
Text

1. The defendant shall pay to the plaintiff A KRW 13,928,347, and KRW 500,000, and KRW 250,000, respectively, to the plaintiff C and D.

Reasons

1. Occurrence of liability for damages;

A. The recognition 1) E is a F car under the influence of alcohol at around 01:18 on May 15, 201, under the influence of alcohol content 0.151% (hereinafter “Defendant vehicle”).

(2) The Plaintiff’s G vehicle, which was stopped in front of the Do Self Museum of the Seoul Metropolitan City, in front of the Do Self Museum of the Seoul Metropolitan City, from the Sung-si to the Yecheon-si, was driven by the Plaintiff’s G vehicle in front of the Do Self Museum of the Sungcheon-si, and suffered injury to the Plaintiff, such as the drilling and the Haek-si (hereinafter “instant accident”).

(2) Plaintiff B, C, and D are the wife and children of Plaintiff A, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract with the Defendant’s vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, 16, purport of the whole pleadings]

B. According to the above facts, the defendant is liable for damages suffered by the plaintiffs due to the accident of this case.

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 calculation of the current price at the time of the accident shall be based on the discount method that deducts intermediary interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

Personal information 1) Personal information : as stated in the annexed sheet for calculating the amount of damages: 2) Income and operating period: The plaintiff A has been engaged in farming for at least 10 years at the time of the accident in this case until he reaches the age of 25 and 60, and therefore, he claimed that the amount of lost income should be calculated based on statistical income of agricultural managers with 10 or more years of experience in the report on the fact-finding survey for each type of employment. However, in light of the result of the order of taxation submission to the head of Echeon Tax Office to the head of Echeon Tax Office, the plaintiff A's certificate of No. 18, 19 (including the serial number) is each included.

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