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(영문) 서울중앙지방법원 2019.11.29 2018가단5223156

손해배상(자)

Text

1. The Defendant’s KRW 260,000,000 as well as the annual rate of KRW 5% from March 30, 2018 to November 29, 2019 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) D around 05:24 March 30, 2018, D is the Defendant’s vehicle (hereinafter “Defendant’s vehicle”). D’s 23.5 tons E 23.5 tons.

) A person driving his/her vehicle while driving a G cafeteria in front of the G cafeteria in Western-gu, Western-gu, the vehicle temporarily stopped at the right edge of the road and tried to make an internship. However, the vehicle of the Defendant is a 1 ton wing-in vehicle for H driving, which was directly driven at the back of the bend line while the vehicle of the Defendant was going beyond the median line (hereinafter referred to as “Plaintiff vehicle”).

(B) The left side of the Defendant vehicle and the front part of the Plaintiff vehicle were collisioned due to the failure to avoid the Defendant vehicle (hereinafter “instant accident”).

(2) H (hereinafter “the deceased”) died on the same day due to the instant accident.

3) The Plaintiff is a dependent of the Deceased, and the Defendant is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant regarding the Defendant’s vehicle. According to the above recognition of liability, the Defendant is liable to compensate the Deceased and the Plaintiff for damages caused by the instant accident as a mutual aid business entity, barring special circumstances. (c) Limit liability: Provided, That if the Deceased performed his/her duty of care in front of the instant accident, it appears that the Plaintiff would have been able to recognize the Defendant’s vehicle that had already begun before reaching the location of the instant accident, and could have avoided the occurrence of the accident; although the Defendant’s vehicle was able to attempt the U-turn after blocking the permissible area of U-turn, it was narrow compared to the length of the Defendant’s vehicle, the width of the road would have been expected to have been forced to attempt the U-turn, the Defendant’s liability is limited to 50% of the Defendant’s liability for the equitable apportionment of damages. 【Recognition-founded’s grounds for recognition’s absence of dispute.

2. Except as otherwise stated below, the scope of liability for damages shall be stated [attached Form].