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(영문) 부산지방법원 2018.02.22 2017가단326105

손해배상(자)

Text

1. The Defendant’s KRW 409,272,052 to Plaintiff A, and KRW 264,181,368 to Plaintiff B, and each of the said money from March 17, 2017.

Reasons

1. Facts of recognition;

A. D, around 14:00 on March 17, 2017, driven a car EWz s350d (hereinafter “fence vehicle”) and died due to brain side and cerebral transfusion around 04:06 on the following day, while driving a car in the middle line of the 2nd line of the G, which is located in the F through Young-si, in the straight line from the cable room to the straight line, in the straight line from the G bank to the G bank, and driving a H (hereinafter “the network”) with the two-lanes of the second line of the 2nd line, which was straight along the two-lane of the H (hereinafter “the network”). The Deceased was sent to the hospital and was treated, but at around 04:06, the Deceased died due to brain side and cerebral transfusion.

(hereinafter “instant traffic accident”). (b)

Plaintiff

A is the wife of the deceased, the plaintiff B is the deceased's children, and the defendant is an insurance company which has concluded a comprehensive automobile insurance contract with respect to a harming vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 9, Eul evidence 1 and video (including branch numbers, if any; hereinafter the same shall apply), the purport of whole pleadings

2. Occurrence of liability for damages;

A. According to the above recognition of liability and the above evidence, the traffic accident of this case is deemed to have occurred by negligence in driving a sea-going vehicle while performing the duty of ex officio care. Thus, the defendant is liable to compensate the plaintiffs who are the deceased and the deceased's family members due to the traffic accident of this case as an insurance company of a sea-going vehicle, unless there are special circumstances.

B. Meanwhile, as a driver of a vehicle driving along an intersection where traffic is controlled by signal, etc., the driver of the vehicle cannot be deemed to have a duty of care to expect the driver of another vehicle to enter the intersection and drive it up to the intersection in contravention of the signal, except in extenuating circumstances; however, it was found that another vehicle has already entered the intersection and continues to drive it immediately after the signal in the direction was changed to the stop signal.

, or any other matter.