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(영문) 서울중앙지방법원 2016.02.26 2015가단25257

손해배상(자)

Text

1. The Defendant: (a) against Plaintiff A, KRW 173,223,639, and Plaintiff B and C, respectively, KRW 107,482,426 and each of the said money. < Amended by Act No. 12826, Dec. 6, 2014>

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) D is the E-1 ton cargo vehicle at around 06:20 on December 6, 2014 (hereinafter “Defendant vehicle”).

() On the part of the driver’s license and the driver’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder

(B) On January 10, 2015, when the deceased was receiving medical treatment at the Busan National University Hospital, the part on the part on the part on the part on the part on the part on the part on the part on the right side of the Defendant’s vehicle, which was driven by the Defendant’s driving, led the deceased to the death of January 10, 2015 (hereinafter “instant accident”).

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

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, 16 through 18, 22, Eul evidence 1 and 2

(A) No. 17 does not believe that the evidence No. 17 is not reliable in light of each entry, the purport of the whole pleadings, and evidence No. 18-5 of the evidence No.

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.

C. According to each of the evidence revealed earlier prior to the limitation of liability, while entering the Intersection D at the time of the instant accident, it can be recognized that there was a conflict between the deceased’s driver’s Obane, and in such a case, the deceased was erroneous by entering the Intersection in accordance with the straightline, which was dissipatedd by the deceased, and failing to properly look at the Defendant’s vehicle, which was directly in progress, from the Intersection, and such negligence was caused by the occurrence and expansion of the instant accident, and thus, the Defendant shall compensate for the damages.