beta
(영문) 광주지방법원 2019.05.22 2018가단534926

손해배상(자)

Text

1. The Defendant: (a) KRW 23,017,404; (b) Plaintiff B, C, D, E, F, and G respectively; and (c) KRW 9,178,269 for each of them.

Reasons

1. Occurrence of liability for damages;

A. On June 1, 2018, at around 14:05, JA (hereinafter “JA”) driven a motor vehicle and proceeded along a two-lane road in front of the wind protruding-gun, Seoyang-do, in one-lane of the wind protruding-do, in the direction of the proceeding, at the direction of the direction of the vehicle, he discovered a bicycle of the GK (hereinafter “the deceased”) ahead of the two-lane from the right side of the vehicle, but he received the part of the bicycle to the right side of the vehicle, and caused the death of the deceased, such as double peling, etc.

(B) The heir of the deceased is the Plaintiff B, C, D, E, F, and G, the wife of the deceased, and the Defendant is an insurance company that entered into a comprehensive automobile insurance contract with respect to the Aquatic Vehicles (based on recognition). [The grounds for recognition] of absence of dispute, A, Nos. 1, 2, and 4 (if there is a serial number, a serial number).

hereinafter the same shall apply.

(2) According to the above facts and the purport of the entire pleadings, the defendant is liable for damages suffered by the deceased and the plaintiffs due to the instant accident as an insurer of a sea-going vehicle.

B. On the other hand, the above evidence limits liability and limits the scope of the defendant's liability in consideration of the following: (a) where the deceased is driving a bicycle to the right side while driving it at the right side; (b) he is negligent in neglecting his duty of care to safely change the course by informing the vehicle in the rear side of the fact of change of course; and (c) failing to wear a safety cap; and (d) the deceased's above error is a cause for the occurrence of the instant accident or the expansion of damage; and (e) the deceased's liability is limited in consideration of all the circumstances shown in the argument in the instant case.