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(영문) 인천지방법원 2018.02.21 2017가합55229

손해배상(기)

Text

1. The Defendant’s KRW 40,266,168, Plaintiff B, and C respectively, and each of them from June 22, 2017.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) Plaintiff A is the spouse of Plaintiff B and C, and Plaintiff B and C are children between Plaintiff A and D. The Defendant is the F Bodyman vehicle owned by Plaintiff E (hereinafter “instant vehicle”).

2) Around 18:10 on October 27, 2016, E, while driving the instant vehicle and driving the instant vehicle in front of a H restaurant located in the Southern-gun G from the rith of the ritha to the rith of the rithy, E had a duty of care to conduct a safe operation by properly examining the rith of the front line while driving the instant vehicle from the rith of the rith of the rithanam-Namnam-gun G, but by negligence neglecting the duty at the rith of the front line, D who crosses the road to the right side from the left side of the moving direction to the upper part of the instant vehicle, and thereby, D died with the throthoth of the two structural frames.

(hereinafter “instant accident” and “D,” hereinafter). / [Grounds for recognition] without dispute, entry in Gap’s evidence 1-1 through 4, Gap’s evidence 2-5, Gap’s evidence 26-1, Eul evidence 1-1, Eul’s evidence 8-3, the video of Eul’s evidence 3, and the purport of the whole pleadings

B. According to the facts of recognition as above, E is obligated to compensate for the damages suffered by the Plaintiffs, who are the bereaved family members of the deceased and the deceased, pursuant to Article 750 of the Civil Act, since E caused the instant accident caused by negligence in violation of the duty of the Jeonju-si, and the Defendant is the insurer who concluded the automobile insurance contract with respect to the instant vehicle, and is obliged to compensate for the damages suffered by the Plaintiffs, who are the bereaved family members of the deceased and the deceased, due to the instant accident pursuant to

C. The facts acknowledged prior to the limitation of liability for damages, as follows: (a) Nos. 1-1, 2-2, 16-1, 2-2, and 18-18; and (b) circumstances that may be recognized by images of the evidence Nos. 15, namely, the instant accident after sunset; and (c) the place where the instant accident occurred is deemed to have been discharged around, and there is no street, etc.