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(영문) 서울중앙지방법원 2014.06.19 2013가단318245

손해배상(자)

Text

1. The Defendant: (a) from May 22, 2013, to Plaintiff A, KRW 102,566,080; and (b) to Plaintiff B, KRW 101,06,080; and (c) to each of the said money.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) C, around 23:46 on May 21, 2013, driving a DNA taxi (hereinafter referred to as “Defendant vehicle”) and proceeding along the fourth-lane south-lane south-lane of the Seoul Guro-gu along the GuroIC direction from the SinIC direction to the SinIC direction.

In the same direction, the number irregular vehicle, which is in the same direction two lanes, has changed to one lane, and the two lanes have changed to two lanes.

However, at night, the numberless coos vehicles are partly blocking the view, so in such a case, C, as the driver of the Defendant vehicle, had a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident in advance by accurately manipulating the steering gear, brakes and other devices

Nevertheless, by negligent negligence that C neglected and proceeded in the front direction of the front line, found two-lanes to the right side of the progress direction of Geumcheon-gu G from the F direction to late behind the network H (hereinafter “the deceased”), which was crossing the direction of Geumcheon-gu G in the direction of the F, making the deceased go beyond the road by shocking the left side side of the deceased on the top of the front right side of the taxi, and caused the death of the deceased due to a multi-stroke, etc.

(2) The Plaintiffs are the parents of the Deceased, and the Defendant is the insurer of the Defendant’s vehicle.

B. According to the above fact 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.

In regard to this, the Defendant has a duty of care to anticipate and avoid the occurrence of the instant accident to C, which is the Defendant’s driver, in consideration of the following: (a) the instant accident is a large four-lane road with frequent traffic and difficult for pedestrians to enter; (b) the motorway begins at approximately 200 meters prior to the point of the accident; and (c) the passage of the Defendant’s driver was restricted due to late night hours at the time of the accident.