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(영문) 서울중앙지방법원 2016.05.27 2015가단154155

손해배상(자)

Text

1. The Defendant: (a) against Plaintiff A, KRW 43,142,857; and (b) against Plaintiff B and C, KRW 36,339,569, respectively; and (c) against each said money, August 24, 2015.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) D is a freight vehicle E around 09:47 August 24, 2015 (hereinafter “Defendant vehicle”).

) A person stopping on the front of the F apartment 107-dong, Incheon Gyeyang-gu, and completing the collection of recycled products, and then proceeding at a scarfened speed. Since the road is located in the apartment complex and is marked in the front direction of the Defendant’s vehicle and is a place where people’s passage is frequent, in such a case, the driver of the vehicle has a duty of care to ensure safe operation by accurately operating the steering direction and brake system by taking into account the traffic situation of the vehicle in the rear in the future. Nevertheless, D is not negligent in doing so, and as a result, is a network G (hereinafter “the network”).

) The deceased, who was over the floor without discovering the U.S., was faced with the back part of the above vehicle, and was placed with the back wheels of the above vehicle, and caused the deceased to die due to serious brain damage around 10:18 on the same day (hereinafter “the instant accident”).

2) The Plaintiff is the husband of the deceased, and the Plaintiff B and C are the deceased’s children, and the Defendant is the insurer who concluded the automobile comprehensive insurance contract regarding the Defendant’s vehicle.

[Reasons for Recognition] Unsatisfy, Gap 1-3, 7, 8, 10 (including additional numbers), Eul 1-3, the purport of the whole pleadings

B. According to the above facts of recognition of liability, the defendant is the insurer of the defendant vehicle, and is liable for the damages suffered by the plaintiffs, who are the deceased and their bereaved families.

C. The limitation of liability: Provided, however, on the road in an apartment complex, the vehicle is running or going back differently from the direction of proceeding, and the deceased was aware of the fact that the vehicle was temporarily parked, and thus, the deceased is also on the rear side of the Defendant vehicle.