logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.09.07 2018가단5064012
손해배상(자)
Text

1. The Defendant: (a) KRW 27,00,00 for Plaintiff A; and (b) KRW 17,301,137 for the remaining Plaintiffs, respectively; and (c) on May 3, 2017.

Reasons

1. Occurrence of liability for damages;

A. On May 3, 2017, F. F. F. F. A. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. at a speed of approximately KRW 97.6 to 101.5km at a speed exceeding the speed limit on two lanes in front of the Henyang-gun K. G. H. restaurant (hereinafter referred to as “Defendant vehicle”).

(B) A while driving a vehicle, the driver neglected the duty of the front-way driver’s license, and caused the collision to the front-way driver’s right side of the J driver’s bicycle crossinging the road to the right side from the left side of the Defendant’s vehicle (hereinafter “instant accident”).

2) Accordingly, the J died at the above site as a serious stop.

(hereinafter referred to as “the deceased”). 3 Plaintiff A is the deceased’s spouse, and the rest of the Plaintiffs is the deceased’s children, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract regarding the Defendant’s vehicle.

B. According to the above fact of recognition of liability, the defendant has a duty to compensate the plaintiffs who are the deceased and their bereaved family members for the damages caused by the accident of this case.

C. The Defendant asserts that since the instant accident occurred by the Deceased while driving a bicycle on the road, F shall not avoid the instant accident, and the Defendant shall be exempted from liability.

In the event of the instant accident by the Deceased on a street and driving a bicycle, the instant accident occurred. However, even though the F was in a straight line where the accident occurred and there was no obstacle to the field, the F was operated in excess of the restricted speed without properly examining the situation of the front line, and it was in conflict with the Deceased’s bicycle driver’s bicycle. As such, F’s negligence also causes the instant accident.

However, the deceased also operated a bicycle on the opposite line of the defendant vehicle while breaking the central line and driving a road across the road, and it conflicts with the defendant vehicle. Such mistake of the deceased also caused the occurrence of the accident of this case. Therefore, all the circumstances, such as the background of the accident, etc., are examined.

arrow