(영문) 서울중앙지방법원 2017.12.22 2017가단35807

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(영문) 서울중앙지방법원 2017.12.22 2017가단35807

손해배상(자)

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1. The Defendant: (a) filed a claim against Plaintiff A for KRW 36,428,571; (b) KRW 62,974,931 for each of the said money; and (c) March 12, 2017 for each of the said money.

Reasons

1. Occurrence of liability for damages;

A. 1) D is an express bus E at around 21:20 on March 12, 2017 (hereinafter “Defendant vehicle”).

(B) A driving of the vehicle, while driving the vehicle in front of the Pyeongtaek-si Highway Lidon Highway Lido-dong Lido-dong Lido-dong Lido-dong Lido-dong Lido-si Lido-si Lido-si Lido-si Lido-si Lido-si Lido-si Lido-si Lido-si Lido-si Lido-do-do-do-do-do-si, entered the said vehicle by recognizing the said vehicle into the Hido-si road and driving the road at a speed exceeding 61km speed of 91km (hereinafter referred to as “instant accident”). As a result, G, which was located at the end of the lane of the Fbudo-dong-dong-dong-dong-dong-dong-dong-dong-si

2) G died due to the instant accident

(3) The Plaintiff is the deceased’s spouse, and the 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 (based on recognition). [In the absence of dispute, the Plaintiff’s evidence Nos. 1 through 3, 6, 7, 10, 12 (including paper numbers, 2, 3 evidence, and the purport of the entire pleadings.

B. According to the above facts, the defendant is the insurer of the defendant vehicle, and the defendant is responsible for compensating the plaintiffs who are the deceased and their bereaved family members due to the accident of this case.

C. The limitation of liability: (a) the deceased, as an employee working on an expressway Tol, was negligent at the end of the lane, even though he was fully aware of the risk of the vehicle due to the vehicle's progress; and (b) such mistake was caused by the accident of this case; (c) it is considered that the deceased caused the accident of this case; (d) however, considering the fact that the driver's negligence on the part of the driver of the defendant vehicle, such as the driver's failure to remove the lane on the collection of the charge, and driving the vehicle in excess of the speed significantly, the rate of negligence of the deceased shall be deemed 20%, and the defendant'

2. Liability for damages.

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