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(영문) 서울북부지방법원 2018.01.26 2016가단142103

손해배상(자)

Text

1. The Defendant: (a) from February 27, 2016, to Plaintiff A, KRW 124,254,382, and each of the said money to Plaintiff B and C, respectively.

Reasons

1. Facts of premise;

A. The Defendant is the automobile insurance company of the E SP motor vehicle owned by D (hereinafter “Defendant vehicle”); F is the husband of D; G, an elementary school teacher, is the Plaintiff A’s wife as F’s friendship, and these couple are adjoining neighbors.

B. On February 27, 2016, F around 07:35, around 2016, operated the Defendant’s vehicle with D as the steering leader of the Defendant’s vehicle, G as the back seat, the remainder of the back seat as his father H (age nine years old), Plaintiff B (age 10), and Plaintiff C (age 10), and Defendant C (age 2) on board.

다. 피고차량은 경기도 가평군 청평면 경춘로 239 원대성리 삼거리 교차로를 ‘수동’(‘’형 도로 하단) 방면에서 ‘춘천’ 방면[‘’ 부분 도로(춘천↔서울)]으로 신호를 위반하여 적신호에 좌회전을 하였다. 라.

At the time, the upper part of the front part of the driver's cargo vehicle running two lanes in accordance with the straight-line signal from the Chuncheon room to Seoul as of the front part of the defendant's vehicle was shocked by one lanes, and the front part of the driver's vehicle running the first lane was shocked by the front part of the defendant's vehicle running at the front part of the driver's car running at the first lane.

마. 위 사고(이하 ‘이 사건 사고’라 한다)로 2차 충격 후 피고차량 밖으로 튕겨져 나온 G와 뒷좌석에 있던 H는 사망하였는데, 당시 G(이하 ‘망인’이라 한다)는 초등학교 교직 휴직 중이었다.

[Ground of recognition] Facts without dispute, Gap 1, 3, 4, 10, 12 evidence (including above numbers), Eul 1 evidence, video of Eul 2 evidence, the purport of the whole pleadings

2. Occurrence of liability for damages and limitation on liability;

A. According to the premise of the occurrence of liability for damages, the instant accident was caused by occupational negligence by F, the driver of the Defendant’s vehicle, in violation of the traffic signal, and as long as the Deceased died, the Defendant, the insurer, is liable to compensate for the damages suffered by the Plaintiffs, the deceased and their family members.

B. In full view of all the evidence mentioned above as the premise for limitation of liability, the actual contents of the evidence are as follows.