logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.04.23 2019가단5074306
손해배상(자)
Text

1. The Defendant: 50,98,209 won, Plaintiff B, C, and D respectively; 39,615,936 won, Plaintiff E; 22,369,561 won, and Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. At around 13:00 on January 26, 2014, H is a vehicle for I freight (hereinafter “Defendant vehicle”).

) During the left-hand turn from the front distance of J in Gwangju City, K crossing the above shooting distance was shocked in front of the Defendant vehicle (hereinafter “instant accident”).

2) On January 5, 2019, K died due to the instant accident, resulting in an injury, such as an external wound, and resulting in the death of K due to the flachial infection due to the flachial depression on January 5, 2019 during hospitalization.

(3) The Defendant is an insurer who has entered into a comprehensive automobile insurance contract against the Defendant’s vehicle. 4) The Plaintiff, B, C, and D is the deceased’s sibling, who is the deceased’s heir, and the Plaintiff E and F are the deceased’s wife and children, who are the deceased’s siblings.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 6, 17 through 20, 25, Eul's 1 and 2 (including additional numbers), the purport of the whole pleadings

B. According to the above recognition of liability, since the operation of the Defendant’s vehicle caused the injury to the deceased and eventually died, barring special circumstances, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as the insurer of the Defendant’s vehicle.

C. The limitation of liability: (a) in a case where the Deceased crosses the road shooting distance without distinction between Boando and Boando, he did not neglect to cross the surrounding vehicle condition while neglecting it; (b) contributed to the occurrence of the instant accident and the expansion of damages; (c) thus, the Deceased’s negligence should be considered as 15% in calculating the amount of damages to be compensated by the Defendant; and (d) the Defendant’s responsibility is limited to 85% in calculating the amount of damages to be compensated by the Defendant.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed Table 1 for calculation of damages shall be the same, and the period for the convenience of calculation shall be the same.

arrow