(영문) 서울중앙지방법원 2016.01.29 2014가단5306497

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(영문) 서울중앙지방법원 2016.01.29 2014가단5306497

손해배상(자)

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1. The Defendant’s KRW 75,098,473 as well as the Plaintiff’s KRW 5% per annum from November 11, 2014 to January 29, 2016.

Reasons

1. Occurrence of liability for damages;

A. 1) B is a vehicle C at around 16:20 on August 1, 2014 (hereinafter “Defendant vehicle”).

) A collision with a vehicle with a central line, which was frightened in the speed of about 90 km in the speed of the city in the direction of the limit order with respect to the national highway No. 44 near dry field amusement park in the northwest-gun of Gangwon-do by driving a river, which led to a conflict with a network D (D; hereinafter “the network”).

) A person who died due to diversified long-term damage (hereinafter “instant accident”).

2) The Plaintiff is the deceased’s father, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract against the Defendant’s vehicle.

[Reasons for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 2

(2) The grounds of appeal No. 1

B. According to the facts of recognition of liability, the defendant, the insurer of the defendant vehicle, is liable to compensate the deceased and the plaintiff for the damages caused by the accident of this case.

C. However, according to the above evidence, the driver of the Defendant’s vehicle B and the Deceased, who was the driver of the Defendant’s vehicle, were fluenent between the Plaintiff and the Deceased at around 21:00 on the day prior to the accident, and the accident of this case occurred while they were going to Seoul. In light of all the circumstances, such as the purpose of operation of the Defendant’s vehicle, the deceased’s personal relationship between the deceased and the driver, and the situation where the deceased was accompanied, the mitigation of the Defendant’s responsibility seems to be reasonable in light of the principle of good faith and the principle of equity. Furthermore, even though the Defendant’s vehicle was proceeding at a speed exceeding 60 km per hour, the Deceased did not urge the driver to drive safety at a speed exceeding 90km.

However, the defendant's assertion that the deceased did not wear a safety bell at the time of the accident is not acceptable, since there is no evidence to prove that the deceased did not wear a safety bell.

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