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(영문) 서울중앙지방법원 2020.10.07 2019가단5128081
손해배상(자)
Text

1. The defendant shall pay to the plaintiff A KRW 50,00,00 for each of the KRW 1,005,855, and KRW 500,00 for each of them.

Reasons

1. Occurrence of liability for damages;

A. On April 24, 2019, Nonparty E, while driving a G L-to-sports vehicle (hereinafter “instant vehicle”) at one lane near Gangnam-si on three-lanes near Gangnam-si on April 19, 2019, Nonparty H (hereinafter “the network seal”) caused the death of the instant vehicle by shocking Nonparty H (hereinafter “the network seal”) from the right side of the running direction to the left side of the vehicle with the driver’s seat spread and the main set part of the instant vehicle (hereinafter “the instant accident”); Plaintiff B and C was the deceased’s punishment; Plaintiff B and C were the same children; the Defendant is the insurer of the instant vehicle insurance contract; the fact that the Defendant is the insurer of the instant vehicle does not dispute between the parties, or is recognized by comprehensively taking account of the overall purport of oral arguments as well as the overall purport of oral arguments as indicated in the evidence No. 1, No. 2, evidence No. 2, evidence No. 5-1 through No. 5.

B. According to the above facts of recognition of liability, as the deceased died due to the operation of the instant vehicle, the Defendant, who is the insurer, is liable to compensate for the damages incurred therefrom, barring special circumstances.

C. Limit of liability: Provided, however, in light of the above evidence and various circumstances recognized by the statement in the evidence No. 2, it is reasonable to limit the Defendant’s responsibility to 35% in consideration of the fact that, as the Deceased, there was an error of not sufficiently seeing the existence or absence of vehicles driving across and passing across the three-lane road, in which the length of the central separation cost is three-lanes and the rounding six-lane roads without permission

2. Scope of liability for damages

A. Plaintiff A’s property damage (see, e.g., Supreme Court Decision 74Da483,484, Nov. 12, 1974; 19,000 won for funeral expenses (see, e.g., Supreme Court Decision 19,426,300 won for funeral expenses) KRW 1,076,300 for funeral expenses (see, e.g., Supreme Court Decision 1,076,300, Mar. 3, 200) plus KRW 1,445,30 for the total sum of KRW 1,445,30 for the ground for recognition (see, e.g., Supreme Court Decision 74Da483,484, Nov. 12, 1974) (see, e., Supreme Court Decision 19,000 won for funeral expenses)

B. The reasons for the Plaintiffs’ consolation money 1: the instant case.

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