beta
(영문) 제주지방법원 2020.09.11 2019가단62828

손해배상(기)

Text

1. The Defendants jointly committed against Plaintiff A 226,595,267 won, Plaintiff B, and C respectively 149,396,845 won, Plaintiff D, and E.

Reasons

1. Occurrence of liability for damages;

A. Defendant F, at around 11:00 on December 5, 2018, driven a H rocketing car (hereinafter referred to as the “Defendant F”), and made a turn to the left from the right edge of the gold ridge to the right edge, one-lane of the three-lane in front of the flow-distance in the Han River-Eup, Jeju.

At all times, the left turn is an intersection where the left turn is to be made. As such, Defendant F had a duty of care to look well at whether there is a vehicle that is driven in accordance with the signals in the opposite line before Defendant F enters the left, and due to the negligence of the opposite line, the I driver’s J Poter (hereinafter referred to as the “Plaintiff’s vehicle”) who was directly left from the opposite line to the gold range distance.

(hereinafter referred to as the “instant accident”). At around 13:03 on the date of the instant accident, I died of brain damage due to two parts, harming the climatic damage, etc.

Plaintiff

A is the spouse of I, and the plaintiff B and C are the children of I, and the plaintiff D and E are the parents of I.

Defendant G Co., Ltd. is an insurer who has concluded a comprehensive automobile insurance contract with the Defendant vehicle.

[Reasons for Recognition] Facts without any dispute, entry of Gap6, 7 evidence, Eul 2 and 3 (including paper numbers) and the purport of the whole pleadings

B. According to the above fact of recognition of liability, Defendant F is the operator of the Defendant vehicle, barring special circumstances, and Defendant G is jointly and severally liable as the insurer of the Defendant vehicle to compensate for the damages suffered by I and the Plaintiffs due to the instant accident.

C. The limitation of liability, however, is limited to the Plaintiff’s vehicle, which is the speed of 101 kilometers per hour exceeding 70 kilometers per hour, the collision location is three-lanes, and I did not wear a safety level so that the Plaintiff’s vehicle is limited to 2-1 report on the occurrence of traffic accidents and the Defendants’ 2-1 and 70%.

2. The scope of the Defendants’ liability for damages is as follows: