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(영문) 서울중앙지방법원 2015.08.12 2014가단5307926

손해배상(자)

Text

1. The Defendant: (a) KRW 16,61,111 for each of the Plaintiff A and each of them, respectively, shall be KRW 28,16,66,66, Plaintiff B, C, and D. < Amended by Act No. 12535, May 25, 2014>

Reasons

1. Occurrence of liability for damages;

A. Fact 1) E is a F Vehicle around 04:53 on May 25, 2014 (hereinafter “Defendant Vehicle”).

) A driving of Ha and a two-lanes of H Saw or front letter in the Nam-gu Incheon Metropolitan City G was driven at a speed of about 70km from the boundary of the main stream to the boundary of the main stream. Since a signal signal in the front bank was a yellow light, and the crosswalk was installed, E is a place where the crosswalk was installed, and therefore, the speed was reduced and the road was maintained well, and even if there was a duty of care to safely drive the crosswalk without reducing the speed of the vehicle, by negligence, while driving the crosswalk without reducing the speed of the vehicle, I (hereinafter referred to as “the network”).

2) The Defendant 1 was a front-hander of the Defendant 1 and caused the death of the Defendant 1 due to cerebral injury during the transfer of the hospital (hereinafter “instant accident”).

(2) The Defendant is a mutual aid business entity that entered into a mutual aid agreement with the Defendant’s vehicle, and the Plaintiff A is the deceased’s denial, and the Plaintiff B, C, and D is the deceased’s children.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 11 (including branch numbers in the case of additional numbers), Eul evidence No. 1, and the purport of the whole pleadings

B. According to the above findings of recognition of liability, the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case.

C. The limitation of liability: (a) at the time of the accident, the vehicle was at a crosswalk in a yellow and flickering signal state for the vehicle at night; (b) so, even though the deceased has a duty to ensure its own safety by taking into account whether there is a vehicle that proceeds from the accident, it is so erroneous that it could not promote its own safety, the Defendant’s responsibility is limited to 90%.

2. In addition to the matters stated below within the scope of liability for damages, each of the corresponding items in the separate sheet of calculation of damages shall be discarded, and less than the cost for the convenience of calculation shall be discarded, and the parties’ claims shall not be separately explained.