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(영문) 광주지방법원 2019.10.23 2018가단514236
손해배상(자)
Text

1. The Defendant’s each of the Plaintiffs’ KRW 99,157,780 as well as 5% per annum from June 29, 2017 to October 23, 2019.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 13:45 on June 29, 2017, D used the front house in Gwangju Dong-gu, Gwangju, a side road. At that time, D (hereinafter “Defendant vehicle”) start the H 1 ton cargo vehicle parked in front of G, and died at the wind with the front wheels of the vehicle, etc. (hereinafter “the wind”).

(2) The Plaintiffs are the deceased’s children, and the Defendant is an insurance company that entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

B. According to the recognition and limitation of liability (1) the defendant is the insurer of a sea-going vehicle, and is responsible for compensating the deceased and the plaintiffs for the damages caused by the instant accident.

(2) On the other hand, it is reasonable to 40% of the basic negligence in the case of the victim who is on the road, who is on the road, but there is no dispute or recognized by the overall purport of each entry and pleading in Gap evidence Nos. 9 through 13, and 21 (including the paper number). In other words, the accident in this case occurred on the side of the house where the driver's duty of care is strengthened at a low time without any visible limit of 13:45. However, since it is easy to discover a person who is on the road at the time of departure after the stop of the vehicle, it should be more severe than the driver's negligence if it was on the road while driving. Moreover, G starts with the driver's fault and it is difficult to view that the deceased was on the part of the driver's seat, and it seems that the deceased was on the part of the driver's vehicle, and it seems that the deceased was on the part of the vehicle due to the lack of any abnormal pedestrian access to the vehicle.

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