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(영문) 서울중앙지방법원 2015.08.21 2015나7472

손해배상(자)

Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Occurrence of liability for damages;

(a) Fact 1) F is the Defendant vehicle at around 09:10 on October 3, 2012 (hereinafter referred to as “Defendant vehicle”);

) A driver was driving, and was shot-si, Sincheon-si, Sincheon-si, Sincheon-si’s entrance distance from Sincheon-si to Sincheon-si’s discharge. At this point, Ha (hereinafter “the Deceased”) was an intersection, and Ha (hereinafter “the Deceased”).

() While driving had been under way on the part of the driver, he neglected his duty of safe driving and did not maintain a sufficient distance, and had the above part of the front door of the left part of the vehicle and the part of the front door of the Defendant’s vehicle, which had the Deceased go beyond the ground, and caused the Deceased to die due to brain functional injury around 07:35, Oct. 11, 2012 (hereinafter “the instant accident”).

2) Plaintiff A is the deceased’s spouse, and Plaintiff B, C, D, and E are the deceased’s children, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

3) On September 8, 2014, F was indicted on the charge of causing the instant accident by negligence as referred to in the foregoing paragraph 1, and was sentenced to a judgment of conviction of two years of suspended execution as to imprisonment without prison labor for October 10, 2014 by the Daegu District Court Decision 2014No350, which appealed as the Daegu District Court 2014No350, but was sentenced to a judgment of dismissal on July 23, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 10, 11, and 12 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable to compensate the plaintiffs who are the deceased and their bereaved family members due to the accident of this case as the insurer of the defendant vehicle.

C. The limitation of liability: (a) the Deceased drive an Oral ba without wearing a safety cap at the time of the instant accident; and (b) turn to the left at the intersection of the instant accident.