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(영문) 대전지방법원 2018.10.17 2017가단222365

손해배상(자)

Text

1. The Defendant from March 25, 2017 to Plaintiff A, as to KRW 153,084,59, and KRW 150,084,59, and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Plaintiffs were deceased without their lineal descendants D (hereinafter “the deceased”).

The Defendant shall be the parents of the Fwing Vehicle (hereinafter referred to as “Defendant Vehicle”) driven by E with the period of insurance, including the following date and time of the accident:

2) On March 25, 2017, the deceased driven a G car under drinking around 03:10 on March 25, 2017, and driven the G car in accordance with three lanes in front of the I factory located in Seo-gu Daejeon, Daejeon, and was parked in the four lanes.

Due to the preceding accident, the deceased's car was stopped in the reverse direction over the two lanes and three lanes of the above road.

3) After the foregoing preceding accident, the Deceased was unable to move out of the road and expected to move out of the road. In this case, around 03:20, E driven the Defendant’s vehicle, driving the two-lane of the said road, and shocked the deceased’s first top part of the vehicle (the instant accident). The Deceased died on the spot by suffering from multiple wounds in head, clothes, etc. due to the instant accident. (In the absence of any dispute over the grounds for recognition, evidence Nos. 1 through 11-2, evidence Nos. 1 through 2-79, and evidence No. 2-79.

B. According to the above recognition of the defendant's liability to pay insurance proceeds, the driver of the defendant vehicle E is responsible for property damage and mental damage to the plaintiffs, who are the parents of the deceased and the deceased, and the defendant is liable as the insurer of the defendant vehicle, as the insurer of the defendant vehicle, without discovering the vehicle of the deceased which was stopped due to the preceding accident and caused the death of the deceased.

2. Limitation on liability;

A. Meanwhile, according to the above evidence, the deceased is under the influence of alcohol.