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(영문) 춘천지방법원강릉지원 2019.05.14 2018가단35116

손해배상(자)

Text

1. The Defendant: 5% per annum from March 17, 2018 to May 14, 2019, and 5% per annum from March 17, 2018 to the Plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are parents of Canada’s nationality D (E birth, hereinafter “victim”) and the Defendant is the insurer that entered into an automobile insurance contract with F and G Kan F with respect to the passenger vehicles (hereinafter “Defendant vehicles”).

B. F, while driving the Defendant vehicle on March 17, 2018, around 19:50, while driving a one-way traffic road located in Gangnam-si, J, F caused an accident where the front wheels of the Defendant vehicle was shocking the victim’s head (hereinafter “instant accident”).

C. On March 17, 2018, around 20:45, the victim died of the injury to external wounds due to the instant accident, and the dystroke of dystroke.

F was subject to criminal punishment for committing a crime that caused the death of a victim by neglecting the duty of care for safe driving, such as stopping at the time when people cross the road, by thoroughly operating the front-round vision at the time of the instant accident, and accurately operating the steering and steering gear, etc.

[Reasons for Recognition: Evidence Nos. 1, 2, 3, 5, 9, 10, 11 (part of the number omitted, hereinafter the same shall apply)

(ii) Eul's each entry or video, as a whole, of the evidence set forth in subparagraph (5)

2. Occurrence of and limitation on liability for damages;

A. According to the above fact of recognition of liability, the Defendant, the insurer of F, is liable for compensating the victim and the plaintiffs for the damages caused by the instant accident that occurred while the insured F, was operating the Defendant vehicle.

(Article 726-2). (b)

However, the limitation of liability is limited, although F was negligent in neglecting the duty of Jeonju, it can be said that it would not be easy for F to identify a small victim who is going beyond the floor near the direction of progress while driving the Defendant vehicle, which is a relatively high passenger vehicle at night and the height of the vehicle is relatively high.