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(영문) 서울중앙지방법원 2018.09.07 2018가단5012295
손해배상(자)
Text

1. The Defendant’s KRW 1,600 per annum against each of the Plaintiffs and 5% per annum from November 24, 2017 to September 7, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) H around November 21, 2017: (a) around 18:19: I PP308 Passenger Vehicles (hereinafter “Defendant Vehicle”)

(B) While driving the vehicle and driving the vehicle, while driving the vehicle along the one-lane road in the south-gu, East-gu, East-gu, the vehicle neglected the duty of Jeonju City, and neglecting to avoid K walking along the road along the right side of the road at the right side of the road in the direction of the road and received K’s body part with the front side part of the said vehicle’s front side (hereinafter “instant accident”).

(2) Accordingly, K died on November 24, 2017.

(hereinafter referred to as “K.” 3) The Plaintiffs are siblings of the Deceased, and the Defendant is the insurer who concluded the insurance contract with respect to the Defendant’s vehicle. [The fact that there is no dispute over the grounds for recognition, evidence Nos. 1 through 4, and the purport of the entire pleadings.]

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

C. The defendant asserts that the limitation of liability is erroneous by the deceased with intellectual disability who walk the road without his/her guardian, and that this circumstance is the cause of the occurrence of the instant accident and the expansion of damages, and thus, the defendant's liability should be limited.

The deceased’s intellectual disability and exclusive conduct do not conflict between the parties.

However, the accident of this case occurred while the deceased was walking along the right side of the road, and there was no error in the deceased's road walk itself and its method. Thus, the defendant's above assertion is without merit.

2. Scope of liability for damages

A. Although the Plaintiffs asserted that funeral expenses of the deceased were paid KRW 5 million according to their inheritance shares, there is no evidence to acknowledge this, the Plaintiffs’ above assertion is without merit.

B. Consideration 1) Reasons for consolation Money: The occurrence and result of the instant accident, the deceased’s age, the personal relationship between the deceased and the plaintiffs, and all the circumstances revealed in the instant argument.

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