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(영문) 서울중앙지방법원 2015.08.12 2014가단5210763
손해배상(자)
Text

1. The Defendant: (a) KRW 96,808,260 to Plaintiff A; (b) KRW 94,558,260 to Plaintiff B; and (c) from June 5, 2014 to August 5, 2015 to each of them.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) C is a DNA taxi (hereinafter “Defendant vehicle”) around 01:30 on June 5, 2014.

(i)The E (hereinafter referred to as “the network”) in which the road is crossing, while driving a vehicle and driving a vehicle on the three-lanes of the three-lanes of the two-lanes from the intersection to the intersection of the opposite intersection, from the intersection of the intersection to the intersection of the opposite intersection of the two-lanes.

(C) The deceased died on the left-hand part of the Defendant’s vehicle (hereinafter “instant accident”).

(2) The Defendant is a mutual aid business entity that entered into a mutual aid agreement with the Defendant’s vehicle, and the Plaintiffs are the parents of the Deceased.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, 8 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2 and 3, and the purport of the whole pleadings

B. According to the above findings 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.

C. The defendant asserts that the accident of this case was caused by the total negligence of the deceased who caused the accident by entering the first lane of the three-lane road in the depth of the body of the deceased without permission, and that the driver of the defendant vehicle C, a driver of the defendant vehicle, was not responsible for the force majeure.

According to the above evidence, the accident location of this case is one-lane of the three-lane roads, in which a fireproof body, which is a central separation facility, is installed at the center of the road, and the road in which the accident occurred is divided into India and roadways, and is a bend road. At the time of the accident, it was at night at the time of the accident, and it was not visible for the deceased to take action to avoid the vehicle during the unauthorized crossing.

However, the following circumstances that can be acknowledged by the above evidence, i.e., the point at which the accident occurred at night, but at the time of the accident, the street has turned on to the direction of the straight line rather than the point at which the accident occurred.

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