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(영문) 수원지방법원 2016.05.13 2015가단128895

손해배상(자)

Text

1. The Defendants jointly and severally against the Plaintiff A in KRW 9,615,384, Plaintiff B, C, D, E, and F, respectively.

Reasons

1. Facts of recognition;

A. On August 16, 2013, H driven an I Poter Cargo (hereinafter referred to as “AW”) around 12:00, and changed the two-lane line from the front side of K in theJ in Dongducheon-si, the two-lane line was changed from August 16, 2013 to the bank of Dongducheon-cheon Civil Community Center.

B. In such cases, a driver engaged in driving a motor vehicle has a duty of care to safely change the course by accurately controlling the steering gear after checking the conditions of the motor vehicle that is driven prior to a change of course and checking the right and the right and the right of the motor vehicle.

C. Nevertheless, H neglected his/her duty to change the tea line as it is and instead proceeded with the back part of L Driving Malba (hereinafter “damage Oalba”) running along the two-lanes in front of the direction of the vehicle driving in the case of his/her negligence, which led to the front part of the LOba (hereinafter “damage Oalba”).

(hereinafter “instant accident”). D.

L died of pulmonary paralysis due to the instant accident on September 12, 2013, which was being hospitalized due to the instant accident, and was being hospitalized.

E. Meanwhile, L was aged 7 years and 77 years of age at the time of the instant accident, and L was suffering from respiratory diseases, such as flat tent, and high blood pressure.

F. Plaintiff A is the spouse of L, and Plaintiff B, C, D, E, and F are L’s children. Defendant G is the sole heir of H (Death before the instant lawsuit was filed, July 26, 2015) and Defendant Mmerz fire marine insurance company (hereinafter “Defendant insurance company”) is the insurer who entered into a comprehensive automobile insurance contract regarding the instant vehicle.

[Ground for Recognition: Facts without dispute; Gap evidence Nos. 1, 3, 4, 8-10; Eul evidence Nos. 1-3 (including branch numbers, if any); the purport of the whole pleadings]

2. Occurrence of liability for damages;

A. (i) The Plaintiffs are treated as hospitalized treatment due to the instant accident.