beta
(영문) 서울중앙지방법원 2016.08.10 2015가단5311175

손해배상(자)

Text

1. As to Plaintiff A’s KRW 137,546,524, Plaintiff B’s KRW 91,697,683, and each of the said money from January 28, 2015.

Reasons

1. Occurrence of liability for damages;

(a) Recognition 1) C is the Defendant D’s vehicle around January 28, 2015 (hereinafter referred to as “Defendant”) around 09:15.

(B)A F (hereinafter referred to as the “the Deceased”) having entered in advance and passed through the intersection while driving the front distance of Songpa-gu Seoul Metropolitan Government E in one lane from the ethic area of the ethic area to the ethic area of the ethic area of the ethic area of the ethic area

(ii) The part of the right wheel part of G Hamanban Obane, driven by it, was shocked into the part of the Defendant’s left part of the part of the Defendant’s vehicle, and the Deceased died on May 20, 2015, on the 15:22, as a multi-institution functional part, etc. (hereinafter referred to as the “instant accident”).

(2) The Plaintiff A’s wife and the Plaintiff B are the mother of the Deceased, and the Defendant is an insurer who entered into an automobile comprehensive insurance contract regarding the Defendant’s vehicle.

[Reasons for Recognition] Uncontentious Facts, Gap Nos. 1 through 7, Eul No. 1 (including partial numbers), the purport of the whole pleadings

B. According to the above facts, the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case as the insurer of the defendant vehicle.

C. However, the limitation of liability is limited, although the place in which the instant accident occurred is an intersection where traffic control is not performed, but C did not stop and entered as it is. However, C’s running direction is relatively narrow, and C’s right direction was the priority order of entry. Nevertheless, the Deceased neglected his duty of care to check whether the vehicle stopped in the opposite lane of the Defendant’s vehicle is entering the intersection by drilling the vehicle between the vehicle and the vehicle parked in the opposite lane, and as such, the Defendant’s liability is limited to 50% in determining the scope of liability for damages.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed damages calculation sheet shall be the same, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but shall be calculated on a monthly basis.