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(영문) 서울중앙지방법원 2016.05.27 2015가단177325

손해배상(자)

Text

1. As to the Plaintiff A’s KRW 166,469,758, and KRW 161,969,758, and each of the said money to Plaintiff B from September 21, 2015.

Reasons

1. Occurrence of liability for damages;

A. 1) The recognition of C: (a) around 16:55 September 21, 2015, C is the Done Star Engine (hereinafter “Defendant”).

A) A driver driving his/her vehicle and driving his/her vehicle in the front of Gangseo-gu Seoul Metropolitan E, led to a right-hand bypassing the said road from the3-distance “F play room.” Since the said road is the side road of a downhill road and the children are frequently drun off on that road, the driver has a duty of care to safely check whether there is any child to reduce speed and to safely drive the road and prevent the accident by driving the road on the left-hand side from the Defendant’s running direction. Nevertheless, C is a network G (hereinafter referred to as “the network”).

(3) The Defendant’s vehicle’s death was caused by the pulmonary damage of 17:19 on the same day (hereinafter “instant accident”) after having the Defendant’s vehicle go beyond the upper part of the upper part of the Defendant’s left top of the front and leading to the death of the Defendant’s vehicle.

(2) The Plaintiffs are the parents of the Deceased, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Reasons for Recognition] Unsatisfy, Gap 1-3, 6-8, 10 evidence (including provisional number), the purport of the whole pleadings

B. According to the above facts of recognition of liability, the defendant is the insurer of the defendant vehicle, and is liable for the damages suffered by the plaintiffs, who are the deceased and their bereaved families.

C. Limit of liability: Provided, however, even if the Deceased was a child of the age of 2 and 8 months at the time of the instant accident and was unable to have a sacrific ability, the Plaintiffs, their parents, were negligent in neglecting their duty of protection and supervision, such as neglecting to walk alone on the road, and such negligence on the part of the Deceased was caused by the occurrence and expansion of damage caused by the instant accident, and thus, the Defendant’s liability is 90%.