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(영문) 서울중앙지방법원 2016.11.25 2016가단781

손해배상(자)

Text

1. The Defendants jointly deal with Plaintiff A with KRW 20,383,883, Plaintiff B, and C respectively, and each of the said amounts.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant D around 00:23, 2015, around September 23, 2015, 200: (a) was operated by himself/herself as his/her located in Namdong-gu Incheon Metropolitan City E, and was flick G (hereinafter referred to as “licker”) where he/she was flicked with the wall stone outside the above flick ricehouse and

A) Finding the deceased and reporting a mobile phone to 112, when the Deceased was able to trace the deceased without permission, and the flight of the deceased was crossed over the three-lane road near the said rice farm house, and the deceased was pushed over to the two-lanes from the surface of the bank of the large distance of death and death on the road. Defendant D was unable to divide the above-mentioned trees such as the deceased, etc., who was beyond the 112, and was able to report the 112 location again, and to cause damage while driving an Isi (hereinafter referred to as the “Defendant vehicle”) at the above time and place, and drive the Isi (hereinafter referred to as the “Defendant vehicle”) at a limited speed of 60km/h of the above road with the upper speed of 72km and the front speed of the body of the deceased, and did not see the system of the Defendant’s operation and operation by negligence over the speed of 72 meters and the front speed of the road.

3) At that time, Defendant D, who discovered the Defendant’s vehicle, avoided to India, but the Deceased, who was on the road, was unable to avoid the Defendant’s vehicle, and died due to the collision with the Defendant’s vehicle and the training paralysis, etc. (hereinafter “instant accident”).

4) Plaintiff A is the deceased’s spouse, and Plaintiff B and C are the deceased’s children, and the Federation of the National Passenger Transport Business Association of Korea concluded a motor vehicle mutual aid agreement with respect to the Defendant’s vehicles.

[Ground of Recognition: Facts without dispute, Gap evidence 1 through 3, 5, Eul evidence 1, 3, 4, Eul evidence 1, and Eul evidence 1.