logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2020.10.14 2019가단226243
손해배상(자)
Text

The defendant's KRW 45,253,256 to the plaintiff A, KRW 40,253,256 to the plaintiff B, and each of the said money from October 11, 2019 to the above money.

Reasons

1. Occurrence of liability for damages;

A. (i) On October 11, 2019, Nonparty D driving a car with the E E Additroto (hereinafter “Defendant vehicle”) and driving the intersection in front of the “Gmaart” located in Busan Southern-gu, from the H building room to the I middle school room, Nonparty D caused an accident of shocking Nonparty J, who was crossing from the left side of the course direction to the right side of the Defendant vehicle, to the front part of the Defendant vehicle.

(hereinafter referred to as the “instant accident”). Sheshed (hereinafter referred to as the “the deceased”) died on October 13, 2019 while receiving treatment due to the instant accident by suffering from injury, such as external cerebrovascular, etc.

Referencely, the plaintiffs are the deceased's children, who are the inheritors, and the defendant is the insurer who has concluded the comprehensive automobile insurance contract with the defendant vehicle.

[Ground of Recognition: Facts without dispute, Gap evidence 1 through 4, 7, 8, 9, and Eul evidence 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings]

B. According to the above recognition of liability, as the deceased died due to the operation of the Defendant vehicle, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as the insurer of the Defendant vehicle, barring special circumstances.

C. The limitation of liability, however, according to the above evidence, the place where the accident in this case occurred is the cross-section of a narrow sloping length where there is no distinction between the sloping length located in the house, and as the deceased, in contrast to the case where there is a vehicle entering the said intersection in crossing the said intersection, it is recognized that there is an error of failing to fulfill such duty of care, even though it is necessary for the deceased to live well around, and to reduce the risk of accident by walking to the edge of the sloping road. Such negligence of the deceased was also the cause of the occurrence of the accident in this case and the expansion of damages.

As such, the defendant's liability for damages is limited to 80% in consideration of the deceased's negligence.

2.

arrow