logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.03.25 2019가단127945
손해배상(자)
Text

1. The Defendant’s 40,428,571 won, Plaintiff B, and C respectively, and each of the said money to Plaintiff A on May 11, 2019.

Reasons

1. Facts of recognition;

A. The Defendant is a mutual aid business entity that has entered into a mutual aid agreement for the operation of E-vehicle (hereinafter “Defendant vehicle”).

B. On May 11, 2019, F, on the 12:10, Seo-gu, Incheon, Seo-gu, in order to drive the Defendant’s vehicle rapidly by moving the Defendant’s vehicle to the port from the three-lane, which is the straight line between six-lanes in front of the intersection of the Germany company distance, and the Defendant’s vehicle shocked the G to build a bicycle to the port from the right side of the running direction of the Defendant’s vehicle (hereinafter “instant accident”), and G was receiving medical treatment, and G died to the multiple trauma at around 13:04 on the same day.

(hereinafter referred to as “the deceased”). (c)

Plaintiff

A is the deceased's spouse, and the plaintiffs B and C are the children of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 2, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above recognition of liability, since the deceased died due to the operation of the Defendant’s vehicle, the Defendant, a mutual aid business entity of the Defendant’s vehicle, is liable to compensate the deceased and his heir for the damages suffered by the Plaintiffs due to the instant accident.

B. Limit of liability, however, the deceased was negligent in crossing the crosswalk without walking along the crosswalk, and the deceased's negligence contributed to the occurrence and expansion of damages, and thus, such circumstances will be considered in calculating the amount of damages that the defendant would compensate for. However, the deceased's negligence shall be considered as 20%, and the defendant's responsibility shall be limited to 80%.

3. A period for calculating the scope of compensation for damage shall be calculated on a monthly basis in principle, but any period of less than a month and less than a won shall be discarded;

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

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

[Ground of recognition] Unsatisfy, Gap evidence 3, Eul evidence 2, rule of experience, and significant facts.

arrow