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(영문) 서울중앙지방법원 2018.05.25 2017가단5152189

손해배상(자)

Text

1. The Defendant: 68,493,485 won; 41,495,656 won; and 41,495,656 won for each of the said money to Plaintiff A and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. At around 01:48 September 28, 2016, D is the Defendant’s vehicle (hereinafter “Defendant’s vehicle”).

) A driver’s vehicle, opened the road 70-way in Guro-gu Seoul Metropolitan Government opened from the luminous side to the luminous side, and opened the road more than 60 km/h, the speed limit of which is 60 km/h, depending on the straight line of the vehicle between two lanes and two-lanes, and, as a result, the driver’s vehicle driven the F, crossing the crosswalk without permission, in violation of the pedestrian name, toward the front side of the Defendant vehicle with the right side of the road at the speed limit of 60 km/h, and accordingly, the F died (hereinafter “instant accident”).

2) Plaintiff A is the deceased’s wife, Plaintiff B, and C, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract against the Defendant’s vehicle.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 3, 7, and Gap's 4-1, 2-2, and the purport of the whole pleadings

B. According to the above recognition of liability, as the deceased died due to the operation of the Defendant vehicle, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as the insurer of the Defendant vehicle, barring special circumstances.

C. Limit of liability: (a) the Deceased, as the Deceased, was negligent in crossing the three-lane road without permission in violation of pedestrian red signals at night; and (b) such mistake was caused by the occurrence of the instant accident and the expansion of damage; (c) thus, in calculating the amount of damages that the Defendant is liable, it shall be taken into account in calculating the amount of damages that the Defendant is liable; (d) as seen earlier, the rate of negligence of the Deceased shall be 55% in consideration of the situation where the driver of the Defendant’s vehicle was conducted in violation of the speed limit; and

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed table of calculation of damages shall be the same as each corresponding item, and the period for the convenience of calculation shall be monthly.