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(영문) 서울중앙지방법원 2013.04.25 2012나38413

손해배상(자)

Text

1. Of the property damage claims in the judgment of the court of first instance, the following amounts are the Plaintiffs’ money ordering payment.

Reasons

1. Occurrence of liability for damages;

A. On July 6, 2010, D around 21:50 on July 6, 2010, D is from the beegal ginseng distance located in the beegdong of the window of Changwon-si, Changwon-si, and E the E Eteteroca car (hereinafter “accident vehicle”).

) A person, who is delegated by F and is acting on behalf of the owner, is driving on behalf of the owner, and the person driving on behalf of the owner at approximately 80km/h speed along a three-lane road from the Do office of the road along the direction of the Do office of the Do office, caused the death of G around 22:00 on the same day (hereinafter “instant accident”) by the negligence of exceeding 10km/h and straighting in contravention of the signal.

(2) D) As a result of the instant accident’s violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, D appealed with a sentence of imprisonment without prison labor issued by Changwon District Court 2010dan366, which was sentenced to one year, and the said judgment became final and conclusive after having been sentenced to a suspended sentence of two years in imprisonment without prison labor for 2011No981.

3) The Plaintiff A is the deceased’s spouse, Plaintiff B, and C’s offspring. 4) The Defendant is the insurer who entered into an accident vehicle driver insurance contract with the deceased.

【Fact-finding without dispute over the ground for recognition】 Facts-finding, Gap’s evidence 1 through 4, Gap’s evidence 11-1-7, Eul’s evidence 1-19, and the purport of the whole pleadings

B. According to the above recognition of liability, the defendant is an insurer who entered into an accident driver insurance contract with the driver of the vehicle involved, and is liable for the damages suffered by the plaintiffs due to the accident in this case.

C. The Defendant asserts that: (a) the Deceased was negligent in making a U-turn in violation of the signals; (b) even if the Deceased had received a U-turn pursuant to his/her name, he/she did not properly look at the accident vehicle that was driven on the opposite lane; and (c) did not deviate from the permissible internship section.

Whether or not the deceased has violated signalling, and the U.S.ton.