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(영문) 서울남부지방법원 2019.06.05 2018가단202969

손해배상(자)

Text

1. On April 21, 2017, the Defendant: (a) against Plaintiff A, KRW 13,944,739, KRW 7,629,826 for each of the said KRW and each of the said KRW to Plaintiff B, C, and D.

Reasons

1. Facts of recognition;

A. On April 21, 2017, around 08:18, the Defendant: (a) driven one lane of the two-lanes in front of G sales stores located in the Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu (hereinafter “Defendant vehicle”); (b) passed the two-lanes in front of the G sales outlet, and caused the death of the deceased by taking the part front of the Defendant vehicle, passing through the two-lanes in front of the traffic signaled on the two-lanes of the Defendant vehicle without permission in the right direction on the left side of the Defendant vehicle (hereinafter “the deceased”).

(hereinafter “instant accident”). B.

The Defendant was investigated under suspicion of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death) due to the instant accident, but on August 28, 2017, the prosecutor in charge decided to prosecute the Defendant on the ground that “the Defendant could not have known the Deceased in advance who tried to cross the vehicle without permission due to the limitation of the view of the vehicle in front due to the signal signal at the front of the vehicle in front. At the time, the Defendant was driving at a speed of about 34 km at the speed of the speed. The result of the analysis of the computer image program of the Road Traffic Authority of the Road Traffic Authority shows that there is a low possibility of avoidance in light of the time when the Deceased was discovered, the speed of the Defendant’s vehicle at the speed of the vehicle, and the speed of the vehicle at the speed of the vehicle.”

C. The deceased’s property heir is the Plaintiff A, the Plaintiff B, C, and D, who is his spouse.

On the other hand, the plaintiffs received 14,678,260 won in total as the treatment expenses of the deceased, and 150,000,000 won in terms of agreement from J Co., Ltd., the insurance company of Defendant vehicle, respectively.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 9, the purport of whole pleadings

2. Determination

A. (1) According to the above facts of recognition, the defendant is the driver of the defendant's vehicle, who is responsible for compensating for the damages suffered by the deceased and the plaintiffs who are their successors due to the accident of this case.

(2) Limit of liability, however, this case, where the deceased is a four-line road set back.