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(영문) 서울남부지방법원 2016.08.18 2014가단217680
손해배상(자)
Text

1. The Defendant: (a) KRW 10,933,833 of each of the Plaintiffs; and (b) 5% per annum from January 29, 2014 to September 10, 2015; and (c).

Reasons

1. Basic facts

A. On January 29, 2014, at around 05:35, Nonparty F driver’s G Rascam, the first shocked the network H, which crosses the road without permission on the left side from the right side, while the roads in front of the Chungcheongbuk-dong, Cheongcheon-si, Chungcheongnam-do, Chungcheongnam-do, were straighted from the front side to the front side of the Chungcheong middle school.

B. While the Deceased was on the opposite road beyond the central line that was used as the first shock, he was faced with the two-lane shock vehicle in the part of the IDapp Vehicle located in the vicinity of the Blue Middle School (hereinafter “instant Alue Vehicle”) which was located in the vicinity of the Blue Blue Zone (hereinafter “instant Blue Vehicle”).

C. The Deceased died following the instant accident, etc. D.

The deceased A is a sole heir as his mother of the deceased, and died on June 27, 2015 when the case was pending.

The Plaintiffs are co-inheritors as children of the deceased A.

(1/4 shares). [The grounds for recognition: Facts without dispute, Gap evidence 4, Eul evidence 1 to 5, Eul evidence 2, and the purport of the whole pleadings]

2. Existence of liability for damages

A. The main text of Article 3 of the Guarantee of Automobile Accident Compensation Act (hereinafter “the Automobile Accident Compensation Act”) provides, “A person who operates an automobile for his own sake shall be liable to compensate for the damage in case he has killed or injured another person due to his operation.”

According to the above facts, unless there are special circumstances, the defendant, who is the insurer of the damage vehicle of this case, is liable to compensate for the deceased's damage caused by the accident of this case.

B. The defendant asserts that the accident of this case was caused intentionally by the deceased for the purpose of suicide, and that the accident of this case was not caused by the "operation" of the JJ.

A person who operates an automobile for himself in Article 3 of the Act shall have another person die or be injured by the operation thereof.

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