beta
(영문) 울산지방법원 2019.06.27 2017나25055

손해배상(자)

Text

1. The judgment of the first instance, including the plaintiffs' claims extended and reduced in this Court, shall be modified as follows:

Reasons

1. Occurrence of liability for damages;

A. 1) E is the Fsi around 22:20 on May 9, 2016 (hereinafter “instant taxi”).

) A driver operating his vehicle in Ulsan-gu G, Ulsan-gu, the intersection with a signal, etc. in front of HT located in KT-gu, and left-hand turn to the left-hand turn in the direction of I, from the area of KT-distance. A driver left-hand turn to the left-hand turn, who was proceeding in accordance with the straight-line signals on the opposite lane, was shocked in front of the instant taxi (hereinafter referred to as “instant accident”).

(2) 2) The instant accident suffered from injury, such as brain damage, and died on July 31, 2016.

(3) The Plaintiff’s wife, Plaintiff B, and C are the deceased’s children, and the Defendant is a mutual aid business entity that has entered into a mutual aid agreement with respect to the instant taxi. [Grounds for recognition] The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with respect to the instant taxi. [In the absence of dispute, Gap’s evidence Nos. 1, 2, and Eul’s evidence No. 2 (including each number, and the result of the first instance court’

B. The Defendant is liable for damages suffered by the Plaintiffs, who are the bereaved family members of the Deceased and the Deceased due to the instant accident as a mutual aid business operator of the instant taxi.

2. The limitation of liability for damages, however, in full view of the evidence and the purport of the entire pleadings, the accident site of this case is where the left-hand turn is allowed at a 30km road at the speed limit, but the deceased has been negligent in driving the taxi of this case under the speed limit beyond the speed limit and without reducing the speed, and such negligence seems to have caused the occurrence of the accident of this case and the expansion of damages, and thus, the defendant's liability is limited to 85%.

In this regard, the reason for the death of the deceased is due to direct damage to the two parts, such as brain paralysis and brain finites. This is due to negligence on the part of the deceased, who had worn the work finite worn at the industrial site at the time of the instant accident, and failed to wear the stability gear prescribed in the law.