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(영문) 서울중앙지방법원 2015.10.14 2015가단45008
손해배상(자)
Text

1. The Defendant is 5% per annum from May 23, 2014 to October 14, 2015 with respect to each of the Plaintiffs’ KRW 101,616,17 and each of them.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) C is a DNA vehicle around 19:20 on May 23, 2014 (hereinafter “Defendant vehicle”).

) A person driving his/her vehicle, driving his/her vehicle, and going to the right side of the Defendant’s vehicle (hereinafter referred to as “the network”) along the intersection in front of the tin bridge, Daejeon Daejeon Daejeon-ro. Since there is a space where a red on-and-off signal, etc. is installed, C shall temporarily stop prior to and after entering the intersection, and neglecting his/her duty of care to safely drive his/her on the right side of the Defendant’s vehicle even if he/she had been negligent in doing so, and proceed to the right side of the road (hereinafter referred to as “the network”).

) Operation’s front wheel of the front gate was received as the front gateer to the right side of the Defendant’s vehicle. Accordingly, C, around 12:10 on June 2, 2014, was treated by the Deceased at the Sectoral Renovation Hospital, and caused the death of the deceased as brain livers due to serious brain death (hereinafter “instant accident”).

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

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, 8, 9 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence No. 2, and the purport of the whole pleadings

B. According to the above facts, the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case as the insurer of the defendant vehicle.

C. However, according to the above evidence, it is recognized that the intersection, which is the location of the accident in this case, had a yellow flickering signal, etc. on the direction of the vehicle of the deceased. Although the deceased had been able to safely check the situation of traffic on the left and right while entering the intersection, which is a yellow flickering signal, it was erroneous in failing to do so, and the above negligence of the deceased seems to have caused the occurrence of the accident in this case or the expansion of damage, and thus, the defendant is deemed to have caused the occurrence of the accident in this case.

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