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(영문) 서울중앙지방법원 2017.10.25 2016가단5103517

손해배상(기)

Text

1. The Defendant: (a) against Plaintiff A, KRW 44,325,795, and KRW 26,550,530, and each of the said money to Plaintiff B and C, respectively; and (b) on January 23, 2016.

Reasons

1. Occurrence of liability for damages;

A. On January 23, 2016, D = 00:30 on January 23, 2016, D means the front crosswalk of the 608 Yeongdeungpo Military Police Station at the National Assembly of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul (hereinafter “Defendant vehicle”).

A) A driver of Yeongdeungpo-gu Office, driving his vehicle, and driving his car, and the red e-mailed off to 50 kilometers a speed of 50 kilometers each other on three-lanes. At night and crosswalks were installed at the time, and F was almost about the right side from the left side of the Defendant’s driving direction in accordance with the pedestrian green signals, so even if a pedestrian signal has changed to a red signal, the driver had a duty of care to verify whether there is a pedestrian who walks the crosswalk in front and left side. Nevertheless, D neglected to do so and did not find the “F, which almost f, almost all the crosswalks on the left side of the Defendant’s driving direction, and did so, caused the death of F on the same day (hereinafter “instant accident”).

2) Plaintiff A is the spouse of F (hereinafter “the deceased”), and Plaintiff B and C are the lineal descendants of the deceased.

3) The defendant is a mutual aid business operator who has entered into a mutual aid agreement for the defendant's vehicle. [The fact that there is no dispute over grounds for recognition, Gap's 1 through 3, Eul 1, 3, and 5, Eul's evidence 6-2, video, and the purport of the whole pleadings.

B. Accordingly, according to the recognition and limitation of liability, the defendant is liable to compensate the plaintiffs, who are the bereaved family members of the deceased and the deceased, for damages arising from the instant accident pursuant to Article 3 of the Automobile Accident Compensation Guarantee

However, according to the above grounds for recognition, the deceased started the crosswalk for pedestrian green signals, but the pedestrian signal was changed to red, while the flag was cut, and this signal was changed to approximately five seconds.