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(영문) 서울남부지방법원 2016.11.30 2015가단240755

손해배상(자)

Text

1. The Defendant: (a) against Plaintiff A, KRW 70,440, KRW 440, KRW 45,313,626, and each of the said money to Plaintiff B and C, respectively. < Amended by Presidential Decree No. 24800, Nov. 17, 2013>

Reasons

1. Facts of recognition;

A. The Plaintiff A is the husband of the network D (hereinafter “the deceased”). The Plaintiff B and C are the deceased’s children, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with Nonparty E with respect to the FFF passenger car (hereinafter “Defendant”) owned by Nonparty E.

B. At around 09:55 on November 17, 2013, E: (a) driven the Defendant’s vehicle at the H intersection parking lot located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul; (b) shocked with the wall of the church; (c) immediately left the church as an educational officer of the church; and (d) shocked the Deceased, thereby suffering from injury, such as the blood plebage and the cage of the deceased.

(hereinafter referred to as “instant accident”). C.

After the accident of this case, the deceased received external surgery and treatment, such as chest cage, l9, l9, and pulmonary dynasium, etc., from the accident of this case, and immediately after the accident of this case, hynasium and lynasium were diagnosed with lynasium and lynasium, and was diagnosed with lynasium on December 19, 2013, and the lynasium aggravated lynasium in the apartment toilet in which the deceased and the plaintiffs living together, committed suicide on February 8, 2015 by hynasium with hynasium lynasium lynasium.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, 8-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs alleged suicide on February 8, 2015, although the Plaintiffs did not receive any medical treatment with respect to mental illness before the instant accident, the depression revealed by the instant accident has aggravated despite continuous medical treatment. There is a proximate causal relation between the instant accident and the death of the Deceased.

Therefore, the defendant, who is the insurer of the defendant vehicle, has the duty to compensate the plaintiffs, who are the inheritor of the deceased, for the damage caused by the bodily injury and death of the deceased.

B. There is no causal link between the Defendant’s assertion and the deceased’s suicide, and the Plaintiffs are the Defendant.