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(영문) 서울중앙지방법원 2019.11.21 2018나43974
손해배상(자)
Text

1. The judgment of the first instance, including the plaintiffs' claims expanded and reduced in the trial, shall be modified as follows:

Reasons

1. The reasoning for this part of the claim for damages is that the court added "the result of partial commission of appraisal and fact inquiry to I stock companies of party members and the result of fact inquiry" to the column for the second part of the judgment of the court of first instance, and the part "(c) limit of liability (p. 16 to 20)" is the corresponding part of the judgment of the court of first instance except for the following parts. Thus, this part is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【Supplementary Enemy】

C. As the Deceased whose responsibility is limited, the Defendant’s liability is limited to 20% by taking into account all the circumstances, such as the degree of shock of the Defendant’s vehicle and the deceased’s vehicle, where the Deceased was under the influence of alcohol and caused an accident of drilling the truck that was driven earlier. Such negligence by the Deceased was a considerable cause for the occurrence of the instant accident and the expansion of damages.

2. The grounds for this Court concerning this part are as follows, and the corresponding part of the judgment of the court of first instance is the same as the corresponding part of the judgment, and thus, the scope of liability for damages is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The attached table of calculation of damages in the judgment of the court of first instance shall be the table of calculation of damages in the judgment of the court of first instance.

Part of "before he reaches the age of 60" in Part 8 of Part 4 of the decision of the first instance court shall be "before he reaches the age of 65".

Part IV through V of the decision of the first instance court shall be written in accordance with the following subparagraphs.

Funeral expenses: Funeral expenses: 3,000,000 won (in accordance with the shares of inheritance as claimed by the plaintiff)

(d) Limitation of liability: 20% of the defendant's liability.

E. The reasons for consolation money: The amount recognized as all the circumstances shown in the arguments of this case, such as the background of this case, the age and degree of negligence of the deceased, and the relationship with the plaintiffs. ① The Deceased: 30,000,000 won. ② The plaintiffs: 2,000,000 won.

(f) Inheritance relationship (1) Amount to be succeeded: 85,759,895 won = 55,759,895 won + Property damage.

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