(영문) 서울중앙지방법원 2018.12.07 2018가단5009374

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(영문) 서울중앙지방법원 2018.12.07 2018가단5009374

손해배상(자)

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1. The Defendant: (a) KRW 172,610,024 to Plaintiff A; and (b) KRW 103,406,683 to the rest of the Plaintiffs, respectively; and (c) on December 18, 2016.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) E is a vehicle F in Samg-si F around December 18, 2016 under the status of 0.266% of blood alcohol content (hereinafter “Defendant vehicle”).

(B) The Plaintiff A’s driver, who was to turn to the left due to a mistake in contravention of the signal, while driving the vehicle (hereinafter “instant accident”).

2) As a result, G, which was on the top of the operation of Plaintiff A, died of an excessive blood relative shock.

(B) According to the fact of recognition of liability, the Defendant, as the insurer of the Defendant’s vehicle, is liable for damages incurred by the Deceased and the Plaintiffs due to the instant accident, as the Plaintiff died due to the operation of the Defendant vehicle. (c) The Defendant asserts that the Plaintiff was negligent in neglecting the duty of the front-time care, and that the Plaintiff failed to wear the safety belt against the Deceased, and that such errors contributed to the occurrence of the instant accident, the Defendant’s liability should be limited. The Defendant asserts that the entries and images of the evidence Nos. 1 and 2 are insufficient to recognize the above errors and there is no other evidence to acknowledge them. Accordingly, the Defendant’s aforementioned assertion is without merit.

2. The scope of liability for damages shall be as follows, and in principle, the period of calculating convenience shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded:

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

It is rejected that the parties' arguments have not been separately explained.

1) Personal information: H-born women, women at the end of female life, and women at the end of female life, on July 12, 2053.

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