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(영문) 서울중앙지방법원 2016.02.12 2014가단56841
손해배상(자)
Text

1. The defendant shall set forth 33,836,455 won to the Appointor B, and 200,000 won to the plaintiff (Appointed Party) and the Appointor C, respectively.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) D is a E-car under the influence of alcohol on June 27, 2013 at around 20:15, while under the influence of alcohol content 0.235% (hereinafter “Defendant vehicle”).

) The Appointer (hereinafter referred to as the “Plaintiff”) who was standing on the side while driving a Gju in front of the Gju located in Pyeongtaek-si F.

(B) In shocking B, the left-hand garments and left-hand pelkes suffered injuries, etc. (hereinafter “instant accident”).

2) The Plaintiff (Appointed Party; hereinafter “Plaintiff”) A and the Appointed (hereinafter “Plaintiff”) are children of Plaintiff B, and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with the Defendant’s vehicle.

[Ground for Recognition: Unsatisfy, Gap evidence 1 through 5 (including branch numbers if there is a tentative number); hereinafter the same shall apply)

(2) No. (2), No. (2), and the purport of the entire pleading

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

C. The Defendant asserts that the Defendant should limit the Defendant’s liability in consideration of the error that the Plaintiff, even though having been involved in the vehicle on the right side of the road where the passage of the vehicle is frequent. However, the Defendant’s assertion cannot be accepted on the ground that the Plaintiff, who was seated on the side side of the side road, was negligent.

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 on lost income: The amount of damages in attached Form 1.

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