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(영문) 서울중앙지방법원 2015.11.26 2015가단5089454
손해배상(자)
Text

1. The Defendant: (a) KRW 128,882,176 for each of the Plaintiffs; and (b) 5% per annum from April 16, 2013 to November 26, 2015; and (c)

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition C, around 17:03 on April 16, 2013, driven a D Cost Star vehicle and proceeded from the side of the G, which is a children protection zone in front of the F Child Care Center located in Dongjak-gu Seoul, Dongjak-gu, Seoul, to the national office franch tunnel, followed by the side road, which is a children protection zone in front of the F Care Center located in Dongjak-gu Seoul Metropolitan Government, to the national office franch tunnel of the vehicle, and it was shocked with the front part of the vehicle’s right-hand part, with the front part of the vehicle’s right-hand part (hereinafter “instant accident”). Accordingly, G died due to brain damage, etc. around 18:00 on the same day

Plaintiff

A is the father of the net G (hereinafter referred to as “the deceased”), the plaintiff B is the mother of the deceased, and the defendant is the insurer who has concluded a comprehensive automobile insurance contract with respect to the foregoing vehicle driven by C.

[Evidence] Evidence Nos. 1, 2, 6, Eul No. 1 and the purpose of the whole pleadings

B. According to the above facts of recognition of liability, since C was driving the above vehicle while causing the death of the deceased, the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident.

In light of the road conditions, etc. at the location of the instant accident, the Defendant asserted that, as C was unable to expect the Deceased to remain in the direction of the vehicle driving, there was no negligence on the instant accident. However, in light of the fact that the location of the instant accident is the front side of the childcare center and is designated as a child protection zone, C, a vehicle driver, has the duty of care to ensure the safe operation of the vehicle by looking at the direction of the vehicle driving and by neglecting the right and the right and the right and the right and the right and the right are anticipated, thereby causing the instant accident. Therefore, the Defendant’s above

C. As for the plaintiffs, who are parents of the deceased, the deceased, the age of four years and seven years of age at the time of the instant accident, the vehicles run by the deceased.

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