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(영문) 서울중앙지방법원 2015.08.26 2015가단5022536
손해배상(자)
Text

1. The Defendant is 5% per annum from December 25, 2014 to August 26, 2015 to each of the Plaintiffs’ KRW 161,925,944 and each of them.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) C is a DNA vehicle around December 25, 2014 (hereinafter “Defendant vehicle”). D around December 25, 2014

(C) Around the 3-lane in the mountain of Daegu North-gu, a one-lane of the three-lanes in front of the Sejong-gu, would proceed at a speed of about 80 km in speed from the border of the border of the road to the border of the border of the road. C is a place where a signal apparatus in the front of the road was yellow-off, etc. and the crosswalk was installed. As such, C is a place where the crosswalk was installed, and therefore, the crosswalk was installed, the speed of the road was reduced and the road was well examined, and as a result, it was negligent in the course of the vehicle without a duty of care to safely drive the crosswalk, despite the fact that there was a person who gets on the front of the road, and without reducing the speed of the vehicle, it is deemed that the E (hereinafter referred to as “the

2) The Defendant 1 was a driver of the Defendant 1’s vehicle and caused the death of the Defendant 1 due to brain injury, etc. (hereinafter “instant accident”).

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle, and the Plaintiffs are the parents of the Deceased.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 6, 7 (including branch numbers if there are branch numbers), Eul evidence Nos. 1 through 4, 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 limitation of liability: (a) at the time of the accident, the vehicle was at a crosswalk in a yellow and flickering signal state for the vehicle at night; (b) so, even though the deceased has a duty to ensure its own safety by taking into account whether there is a vehicle that proceeds from the accident, it is so erroneous that it could not promote its own safety, the Defendant’s responsibility is limited to 90%.

2. In addition to the matters stated below within the scope of liability for damages, each of the corresponding items in the separate list of damages calculation shall be discarded, and less than the cost for the convenience of calculation shall be discarded, and the parties’ assertion shall be among themselves.

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