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(영문) 서울중앙지방법원 2018.08.24 2016가단5264337
손해배상(자)
Text

1. The Defendant: (a) against Plaintiff A, KRW 66,49,621, KRW 42,83,081, and each of the said money to Plaintiff B, and KRW 42,83,081, respectively, on March 1, 2016.

Reasons

1. Occurrence of liability for damages;

A. Fact-finding 1) E is a F Vehicle around 17:25 March 1, 2016 (hereinafter “Defendant Vehicle”).

) A bicycle of I driver’s license (hereinafter referred to as “Plaintiff’s bicycle”) driving along the two-lane left side of the two-lanes in the west-gun, Seocheon-gun, Seocheon-gun, by having entered the said intersection while entering the intersection and going into the intersection on the side of Seocheon-gun.

) The right hand part of the Defendant’s vehicle was shocked into the left part of the fences before the left part of the Defendant’s vehicle and exceeded I on the road (hereinafter “instant accident”).

2) Due to the instant accident, I died of an external wound flag.

(hereinafter referred to as “I”. 3) The Plaintiff’s wife, Plaintiff B, and C respectively are the deceased’s children, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with the Defendant. The Defendant is the insurer who entered into a comprehensive automobile insurance contract with the Defendant. The fact that there is no dispute over the grounds for recognition, the entries in the evidence Nos. 1, 2, 3, 5, and 7, the video of the evidence No. 21, the purport

B. According to the above recognition of liability, as the deceased died due to the operation of the Defendant vehicle, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as the insurer of the Defendant vehicle, barring special circumstances.

C. Limit of liability, however, the Deceased did not wear a safety cap while driving the Plaintiff’s bicycle and passed along the right side of the road (Article 13-2(2) of the Road Traffic Act). However, given that it was erroneous for the Deceased to pass along the road inside the right side of the road, such circumstance should be considered in calculating the amount of damages to be compensated by the Defendant, but the Deceased’s negligence shall be deemed 15%, and the Defendant

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed damages calculation sheet shall be the same, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but shall be less than the last month and KRW 1.

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