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(영문) 광주지방법원 2019.05.15 2018가단517273

손해배상(자)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. At around 00:01 on December 5, 201, C driving a DYF YF si, and driving a two-lane of the three-lane in front of the west-dong in the north-gu Seoul Metropolitan City at a speed of 83.6km in the speed of Si/Gun/Gu from the west-dong to the west-dong (hereinafter referred to as “debris”). Since the place is at night at a speed of 60km per hour, a person engaged in driving service was at a speed of 60km in the speed of Si/Gun/Gu, at a speed exceeding the speed of her duty of care to reduce the speed and ensure the safe operation of the e-mail without permission from the left side of the running direction (hereinafter referred to as “the network”) due to the negligence of operating the e-mail without permission from the left side of the said e-mail in front of the said e-mail on the same day.

(hereinafter “instant accident”). (b)

As the inheritor of the deceased, there are spouse F, children G, and Plaintiff.

C. The defendant is an insurance company that has entered into a motor vehicle mutual aid contract for the above taxi.

[Ground for recognition] Each entry of Gap evidence Nos. 1 through 3 (including branch numbers for those with branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion is liable for damages sustained by the Deceased due to the instant accident, and the Plaintiff’s inheritance amount of KRW 68,974,049 out of the net E’s damages is KRW 10,000,000, and the Plaintiff’s consolation money is deducted from KRW 5,781,026, the Defendant is ultimately liable for payment of KRW 73,259,849 and damages for delay.

B. The gist of the Defendant’s assertion was that the Plaintiff was a minor at the time of the instant accident, but was able to directly file a claim for damages from February 17, 2014 when he reached the age of 19, and at the latest, the Plaintiff knew that the Plaintiff claimed for the deceased’s death insurance to H Co., Ltd. (hereinafter “H”) on October 1, 2014, and three years have elapsed since the said lawsuit was filed.