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(영문) 서울중앙지방법원 2017.10.25 2015가단5123248
손해배상(자)
Text

1. The Defendant: 5% per annum from December 8, 2014 to October 25, 2017 with respect to each of the Plaintiffs’ KRW 111,610,915 and each of the said money.

Reasons

1. Under Articles 32 and 49 of the applicable law of the Private International Act, the Civil Code of the Republic of Korea in which a tort has occurred shall apply to the establishment and scope of liability for damages caused by a tort, and the statutes governing inheritance of Ireland, which is the home country of C, shall apply

2. Occurrence of liability for damages;

(a) Recognition 1) D is a motor vehicle with E (hereinafter referred to as “Defendant”)

is a person engaged in driving duties.

D On December 7, 2014, the defendant vehicle was driven on the job of 23:50 on December 7, 2014, and the front side of G Nowon-gu in Gwangju Seo-gu is proceeding at a speed of about 97 kilometers per hour, depending on three lanes between the three-lanes of city.

On the front side of the defendant vehicle, the crosswalk on which signal lights are installed, and the speed limit is 60 kilometers an hour, so a person engaged in the driver's work of the motor vehicle is obliged to keep the speed well, to check whether there is any person who sets the crosswalk, and to drive the motor vehicle safely.

However, D is not negligent and driving a car beyond a limited speed.

On the other hand, the driver did not discover the crosswalk in contravention of the pedestrian signal, and caused the driver's body part in front of the left side of the defendant's vehicle.

D The same month is applicable to C by such occupational negligence.

8. Around 00:30 death

(2) The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with the Defendant’s vehicle. (3) The Plaintiffs are parents of C (hereinafter “the deceased”).

The deceased did not have a spouse or lineal descendant.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 4 through 8, 14 through 18 (including a Serial number; hereinafter the same shall apply), Eul evidence Nos. 1 to 6 or images, the court H of this Court, and the Ambassador of Ireland in Korea, the result of each fact inquiry, as a result of pleading.

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