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(영문) 서울중앙지방법원 2016.01.08 2015가단5135975
손해배상(자)
Text

1. The Defendant: (a) KRW 154,529,245 for Plaintiff A; and (b) KRW 152,129,245 for Plaintiff B; and (c) for each of them, from June 19, 2015 to June 2016.

Reasons

1. Occurrence of liability for damages;

A. 1) On April 23, 2015, C is a D truck (hereinafter “Defendant vehicle”) around 00:45, around April 23, 2015.

(i)The network E (hereinafter referred to as “the network”) in which the driver was driving and driving a vehicle to turn to the left in contravention of the signal from the border passenger distance along the Gu citizen while driving the vehicle and driving the vehicle to turn to the left at the pedestrian red signal.

2) The instant accident was caused by shocking and causing death (hereinafter referred to as “instant accident”).

(2) The Plaintiffs are the parents of the Deceased, and the Defendant is the mutual aid business entity that entered into a mutual aid agreement with the Defendant’s vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, and 4 (including branch numbers if there are virtual numbers; hereinafter the same shall apply)

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

B. According to the above recognition of liability, the defendant, who is a mutual aid business operator of the defendant vehicle, is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case.

C. Limit of liability: (a) the Deceased, as the Deceased, erred in governance in contravention of pedestrian signal; and (b) such error is deemed to have caused the occurrence of the instant accident and the expansion of damages, thereby limiting the Defendant’s liability to 80%.

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 “basic matters” list of the amount of damages calculated in the annexed sheet of calculation of damages: (2) Income and operating period: Urban Daily Wage, and living expenses (3) living expenses until before reaching age 60: Income 1/34): Calculation of income: It shall be as stated in the “actual income” column of the annexed sheet of calculation of damages.

(b).

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