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(영문) 서울중앙지방법원 2018.01.31 2017가단5078717

손해배상(자)

Text

1. As to the Plaintiff A’s KRW 218,769,746, Plaintiff B’s KRW 214,269,746, and each of the said money from November 28, 2016.

Reasons

1. Occurrence of liability for damages;

A. 1) On November 28, 2016, C is a DNA motor vehicle under the influence of alcohol at around 03:10 on November 28, 2016 (hereinafter “Defendant vehicle”). C is a DNA motor vehicle under the influence of alcohol level of 0.218%.

3) The Korean Advertising Video Museum No. 7 300 meters prior to the 300-meter radius of the Korean Advertising Film Museum in the U.S. P., while driving along the two-lanes from the racing to the glive of U.S., the two-lanes at a speed of about 77.25 km, the Defendant Company failed to discover the bicycles driven by E as the front side of the Defendant Company due to the negligence, while under the influence of alcohol, while failing to perform the breathing duty, and failed to discover the bicycles being driven by E as the front side of

(2) E died due to the instant accident.

(B) According to the facts of recognition as to the establishment of liability, the Defendant is the insurer of the Defendant’s vehicle, who is the deceased and his bereaved family members, as the insurer of the Defendant vehicle. (c) The deceased is responsible for compensating for the damages suffered by the deceased and his bereaved family members, as the result of the instant accident. The deceased, as a bicycle driver, should pass along the road at the right side of the road (Article 13-2 of the Road Traffic Act) at the place where the bicycle lane is not installed, but failed to wear the safety mother. The deceased’s fault was also due to the occurrence of the instant accident and the expansion of damages. Considering that the cause of the accident and the occurrence of the accident in this case, it is considered that the Defendant’s fault ratio was 10%, and the Defendant’s liability was limited to 90%, and there was no dispute over the purport that the Defendant’s liability was limited to 190%.

2. The scope of liability for damages is below.