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(영문) 서울중앙지방법원 2016.12.22 2015가단5231491

손해배상(자)

Text

1. The Defendants jointly share KRW 310,466,354 with respect to the Plaintiff, and 5% per annum from June 5, 2013 to December 22, 2016.

Reasons

1. Occurrence of liability for damages;

A. On June 5, 2013, at around 01:08, the basic fact B driven a C-A-Wood passenger vehicle (hereinafter “Defendant 2-vehicle”) and turned to the left at the right edge of the road from the direction of the E-cafeteria located in D at the time of the truth (e.g., a signal, etc. at night) in front of the E-cafeteria located in D at the time of the truth (e.g., a flickering at night). From the left edge of Defendant 2’s driving direction, the F, who walked on the crosswalk to the right edge of the said vehicle, was shocked into the front part of the said vehicle.

(hereinafter referred to as “Defendant 1”) A escaped without taking protective measures after the instant first accident, and G was under the influence of 0.134% of alcohol level on the same day following the same day, while driving a H ready-light vehicle (hereinafter “Defendant 1”) and making a left-hand turn to the right-hand turn from the direction of the Kow Park in the direction of the above road going to the left-hand in the direction of the said road, around 01:10 on the same day, the said F, which was used on the crosswalk, was over to Defendant 1 and led about about 40 meters.

(hereinafter referred to as “ex post facto event.” The instant accident (including the front and the rear event) led to the death of F due to serious brain injury, etc., and the Plaintiff is the only heir who is the biological mother of the deceased F (hereinafter referred to as “the deceased”).

Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) is an insurer who has concluded each comprehensive automobile insurance contract with respect to Defendant Samsung F&M Co., Ltd. (hereinafter “Defendant Samsung F&M”) with respect to Defendant 1 vehicle.

[Ground of recognition] Facts without dispute, Gap 1 to 13 evidence, Gap 22, 33 evidence, Eul 1 to 13 evidence (including additional numbers), the result of the court's entrustment of genetic appraisal to the Institute for the Settlement of Co., Ltd. and the purport of the whole pleadings

B. According to the fact of recognition of liability, Defendant Samsung Fire is the insurer of Defendant 1’s vehicle, and Defendant Vienna as the insurer of Defendant 2’s vehicle in this case.