(영문) 서울중앙지방법원 2015.01.09 2013가단32701

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(영문) 서울중앙지방법원 2015.01.09 2013가단32701

손해배상(자)

Text

1. As to Plaintiff A’s KRW 15,080,71,078, Plaintiff B, C, D, and E respectively, and each of the said money on October 3, 2012.

Reasons

1. Occurrence of liability for damages;

A. 1) F is a G car around 09:10 on October 3, 2012 (hereinafter “Defendant vehicle”).

2) On the part of the Sincheon-si, Sincheon-si, Sincheon-si, Sincheon-si, Sincheon-si, Sincheon-si, the entrance distance from Sincheon-si to Sincheon-si, and the Sin (hereinafter referred to as “the deceased”).

() While driving had been under way on the part of the driver, he neglected his duty of safe driving and did not maintain a sufficient distance, and had the above part of the part of the part of the vehicle, which is left end and the part of the front door of the Defendant vehicle, faced with the deceased, and caused the deceased to go beyond the ground. As a result, on October 11, 2012, the deceased caused the death of brain functional parts around 07:35 (hereinafter “the instant accident”).

2) Plaintiff A is the deceased’s spouse, and Plaintiff B, C, D, and E are the deceased’s children, 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, 3, 4, 10, 11, and the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is the insurer of the defendant vehicle and is liable for the damages suffered by the plaintiffs, who are the deceased and their bereaved families.

C. The limitation of liability is limited, however, that the deceased also has the duty to make a left-hand turn at the intersection of the place of the accident in this case by well examining the traffic situation, and there was negligence in neglecting it, and driving an Otobba without wearing a safety cap at the time of the accident. The deceased's negligence also caused the occurrence of the accident in this case and the expansion of damages. Accordingly, the defendant's liability is limited to 85% by taking into account all the circumstances such as the circumstances of the accident.

(15%) 2. Separate explanation below the scope of liability for damages.

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