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(영문) 광주지방법원 2017.07.28 2016나56386

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) D, while under the influence of alcohol on February 21, 2015, at around 07:35, 07:068, 00 per cent of alcohol content, driving a e-car and passing the e-car from the right edge to the right edge of the e-vehicle at the right edge of the e-vehicle, disregarding the red signal signal, driving the e-car along the e-car in the south-gu west-gu, Gwangju, Nam-gu, and passing the e-car to the right edge, then passing the e-car at the right edge from the right edge of the e-vehicle to the right edge of the e-vehicle at the right edge of the e-car (hereinafter “instant accident”). As such, D caused the death of the e

(2) The Defendant is an insurer who entered into a comprehensive insurance contract for the said automobiles.

3) Plaintiff A’s wife, Plaintiff H, and C are children. [Grounds for recognition] There is no dispute, Plaintiff A’s evidence Nos. 1 through 4, 6, and 8 (each of the entries and images, including each number, and the purport of the whole pleadings.

B. According to the above facts, the defendant is liable to compensate the F and the plaintiffs for damages caused by the accident of this case pursuant to Article 724 of the Commercial Act.

C. The driver of a vehicle driving under the normal signals at an intersection where a signal apparatus subject to limitation on liability for damages is installed cannot be said to have a duty of care to drive in preparation for other vehicles to proceed in violation of the signal, unless there are special circumstances. Thus, F’s care is not recognized in relation to the instant accident.

2. In addition to a separate statement below the scope of the amount of damages, it shall be calculated at present in accordance with the calculation method in the attached sheet of damages (in accordance with the calculation method in which interim interest is deducted at the rate of 5/12 per month, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but the period for the convenience of calculation shall be calculated on a monthly basis, but it shall be excluded that the amount less than a month is included on the side which is less than the cost and less than the last month), and that the parties’ arguments which are not separately explained.

Personal information on the daily income, the name of the lease, and the date at which the name of the lease is terminated: Attached Form.

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