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(영문) 서울중앙지방법원 2019.07.19 2018나80553

손해배상(자)

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiffs' claim corresponding to the revoked part is revoked.

Reasons

1. One of the grounds for the judgment of the first instance, pursuant to the main sentence of Article 420 of the Civil Procedure Act, as to this part of the facts admitted.

The part of the claim shall be quoted.

2. Existence of liability for damages

A. According to the above facts of recognition as to the cause of the claim, since the deceased died due to the operation of the Defendant’s vehicle, barring special circumstances, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as a mutual aid business operator of the Defendant’s vehicle.

B. As to the defendant's defense of exemption, the defendant asserted that the accident of this case occurred due to the deceased's unauthorized crossing, and that the driver of the defendant's vehicle who had done normally pursuant to the new subparagraph is not erroneous and thus, the defendant should be exempted from the liability.

The following circumstances are acknowledged by adding the overall purport of the pleadings to the statements and images of evidence Nos. 1, 1, 3, and 5, namely, ① the Defendant vehicle, while holding the four-lane of the 5-lane road at the speed of 51 to 60km/h, which is within the limit of the speed of the 5-lane road, conflict with the Deceased who has been on the moving direction of the Defendant vehicle at Gap-on-on-delivery, and ② the Defendant vehicle’s booming video, can be found to have conflict with the Deceased at 02:0 07: 22:07:0,000 and 3:00: 4: from the point of the 22:07:0 to the point of the 5-lane road to the point of the 5-lane road to the point of the 5-lane road, the average distance of the vehicle from the 1,24,000 to the 3-lane road is more than the 3-lane road of the Defendant vehicle.