(영문) 서울중앙지방법원 2015.02.06 2013가단268159

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Reasons

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자간(%)

(영문) 서울중앙지방법원 2015.02.06 2013가단268159

손해배상(자)

Text

1. The Defendant’s KRW 287,884,222 as well as 5% per annum from June 6, 2013 to February 6, 2015 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C is about 04:14 on June 6, 2013, Dsi (hereinafter “Defendant vehicle”).

(ii)A G (hereinafter referred to as “the network”) with a point of approximately 4.6 meters away from the crosswalk in which the yellow ray, etc. in the direction of proceeding is operated while driving a two-lane road of FF Coina or another three-lane road in front of the middle-gu E in Daegu-gu E in the direction of the vehicle, due to negligence, while neglecting the duty of electric routing, while driving a two-lane of the two-lane road from the direction of the direction of the vehicle in front of the direction of the vehicle.

A) A collision with the front part of the Defendant vehicle with the front part of the vehicle, and caused the Deceased to die at around 04:52 on the same day due to brain injury and two pelle death (hereinafter “instant accident”).

(2) The Plaintiff is the deceased’s child, and the Defendant is a mutual aid business entity that entered into a mutual aid agreement on the Defendant’s vehicle.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, 9 and the purport of the whole pleadings

B. According to the facts of recognition of liability, the defendant is liable to compensate the damage suffered by the deceased and his bereaved family as a mutual aid business operator of the defendant vehicle.

C. The limitation of liability: (a) the Deceased was negligent in crossinging the road to a point beyond the crosswalk; (b) at the time of the accident, at night, and at the center of the road where the Deceased was installed, the driver’s view is limited due to the relationship with the driver’s view to reducing the Monoday doctrine; (c) thus, the Deceased was negligent in neglecting his/her duty to pay attention to the situation of the vehicle’s proceeding; and (d) such negligence appears to have caused the occurrence of the instant accident and the expansion of damages, thereby limiting the Defendant’s liability to 75%

(2) Except as otherwise stated below within the scope of liability for damages, it shall be the same as each corresponding item of the attached Table for calculation of damages, and the period for the convenience of calculation shall be the monthly unit.

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