logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.11.26 2014가단59802
손해배상(자)
Text

1. The Defendant: (a) KRW 20,722,475, respectively, and KRW 5% per annum from January 8, 2014 to November 26, 2014, respectively, to the Plaintiffs.

Reasons

1. Occurrence of liability for damages;

A. 1) The F is the Defendant’s vehicle at around 04:32, Jan. 8, 2014 (hereinafter “Defendant’s vehicle”).

) A network I (hereinafter referred to as “the network”) being driven on the road when driving the road, which is not divided into a 395-lane from the name of Sungnam-si, Sungnam-si, to the front of the road, was in progress from the new-gu bank to the Haan apartment bank in the new-gu bank.

) The part of the deceased’s chest part, etc. was carried out under the lower part of the Defendant’s vehicle without discovering the U.S., leading the deceased more than four meters, leading the deceased, and caused the deceased to die due to a scarb damage to the deceased’s scare (hereinafter “instant accident”).

2) The Plaintiffs are the deceased’s inheritors, and the Defendant is the mutual aid business entity that entered into a mutual aid agreement with respect to the Defendant’s vehicle.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3 (including each number), and the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the deceased and the plaintiffs due to the accident of this case.

C. Meanwhile, according to the above evidence, the deceased is bound by the bend road, where he can be seen as having a visual disability even at night even at the time of the accident in this case, even though he was under the influence of alcohol. In full view of all the circumstances shown in the argument in this case, such as the deceased’s mistake, the background of the accident, the place of the accident, and the time of the accident, it is reasonable to view the deceased’s fault ratio as 75%, and thus, the defendant’s responsibility is limited to 25%.

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 current value of the damages at the time of the accident shall be calculated at the rate of 5/12 per month.

arrow