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(영문) 서울중앙지방법원 2018.11.29 2017가단5171135
손해배상(자)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. At around 13:40 on February 10, 2017, C driving a D taxi (hereinafter “Defendant vehicle”) and driving three-lanes of the three-lanes in front of the Gu Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, about 50km from the e-sports room to the e-sports pipe. On the left side of the Defendant vehicle, C received the F who was crossingd without permission to the right side from the left side of the vehicle driving direction to the front side of the Defendant vehicle.

(hereinafter “instant accident”). B.

Around March 12, 2017, F was killed with a diversified organ (hereinafter referred to as “the deceased”) while receiving treatment from a hospital due to external surgery, etc. on or around March 12, 2017.

The plaintiff is the heir of the deceased's mother's property, and the defendant is the mutual aid business operator of the defendant's vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, Eul evidence Nos. 1, 2, and 8 (including each number; hereinafter the same shall apply), Eul's video and the purport of the whole pleadings

2. Determination as to whether to recognize liability for damages

A. The summary of the plaintiff's assertion 1) The accident of this case occurred due to the operation of the defendant vehicle's alleged by the plaintiff, and the defendant is liable to compensate the deceased and the plaintiff for the damage caused to the plaintiff. The accident of this case occurred while the defendant's vehicle runs at a rapid speed of three-lanes where the vehicle is located in the front direction of the vehicle moving along the front direction and the two-lanes of the two-lanes of the two-lanes of the road. In such a traffic situation, the defendant's driver was in violation of the duty of care, such as taking into account whether there is a pedestrian crossinging the vehicle without permission from the left or right, and driving the vehicle without permission. 2) At the time of the accident of this case, the defendant's vehicle was driving in three-lanes of the two-lanes of the speed of restriction, while complying with the speed of restriction, can find in advance the deceased's vehicle without permission from the left side of the road.

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