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(영문) 서울중앙지방법원 2020.07.10 2019가단40803
손해배상(자) 청구의 소
Text

1. The Defendant: (a) against Plaintiff A, KRW 45,714,285, Plaintiff B, and C, respectively, KRW 60,589,820 and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. The recognition 1) E is a Froba 1.5 tons metric vehicle around 12:50 on August 12, 2019 (hereinafter “Defendant vehicle”).

(ii) while driving his/her vehicle along three-lanes of Pyeongtaek-si Highway (Notice 8.1km points in Pyeongtaek-si), he/she has changed the course into two-lanes in order to avoid the vehicle driven along the designated body of the front line vehicle and has driven along the network G (hereinafter referred to as “the network”) in two-lanes, HPoter II truck (hereinafter referred to as “Plaintiff vehicle”) of the network G (hereinafter referred to as “the network”).

) The rear part of the Defendant vehicle was shocked by the front part of the Defendant vehicle. Accordingly, while the Plaintiff vehicle was pushed ahead in the future, the front part of the Plaintiff vehicle’s left side of the Plaintiff vehicle, which was driven ahead of the front side of the instant vehicle, was shocked by the front part of the Plaintiff vehicle’s right side. The Defendant vehicle continued to shocked by the center separation unit, followed the Plaintiff’s front part of the Plaintiff vehicle into the right side of the Defendant vehicle, followed the Plaintiff vehicle into the front part of the Defendant vehicle, and led the Plaintiff vehicle to shock the left side part of the said vehicle (hereinafter “instant accident”).

2) The deceased died due to the instant accident, etc.

3) The defendant is an insurer who has entered into an automobile comprehensive insurance contract against the defendant vehicle, and the plaintiff A is the deceased's spouse, the plaintiff B, and the deceased's children. [Grounds for recognition] There is no dispute, Gap's evidence Nos. 1, 2, 3, 8, 9, 11, 12, Eul evidence Nos. 1 and 2 (each entry or video, including each number, and the purport of the whole pleadings).

B. According to the above findings of recognition of liability, the Defendant, the insurer of the Defendant’s vehicle, barring special circumstances, is liable to compensate for the damages suffered by the Plaintiffs, who are the heir of the Deceased and the Deceased, due to the instant accident.

C. Whether liability is limited or not, the Defendant: (a) an open upper part of the deceased, in addition to the scambal scambalone; (b) an open upper part of the deceased; (c) an external scambalone

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