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(영문) 서울남부지방법원 2020.01.30 2019가단214600
손해배상(자)
Text

1. The defendant shall pay to the plaintiffs each amount of KRW 28,369,155 and each of the above amounts. From January 22, 2019 to January 30, 2020.

Reasons

1. Facts of recognition;

A. On January 22, 2019, E driving a FF truck (hereinafter “Defendant vehicle”) around 8:38, and making a left-hand turn at the h-distance intersection without the front signal apparatus in G at the permanent residence from the I apartment room to the long-distance left-hand left-hand turn, while neglecting the right and the left-hand turn at the time of entering the intersection to the intersection, the J (Korean Women) crossinging the road to the left-hand side of the Defendant vehicle at the front part of the Defendant vehicle (hereinafter “instant accident”), and accordingly, the J died of the Defendant vehicle with an external cerebrovassis around 7:32 on January 25, 2019, while receiving treatment after being transferred to the hospital.

(hereinafter referred to as “the deceased”) b.

The plaintiffs are children of the deceased, and the defendant is the insurer who has concluded a motor vehicle insurance contract for the defendant's vehicle.

[Reasons for Recognition] Unsatisfy, Gap's entry of Gap's 1 to 7, 12 evidence (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts of recognition of liability, the deceased died due to the accident of this case, and the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case as the insurer of the defendant vehicle unless there are special circumstances.

B. The limitation of liability, however, according to the above facts and the evidence mentioned above, the deceased did not use a crosswalk when crossing a three-distance crossing without signal, and did not cross the crossing without permission. Since the errors of the deceased caused the occurrence of the instant accident and the expansion of damage, the defendant's liability is limited to 80% by taking this into account.

3. Scope of liability for damages

A. According to the purport of Article 8 of the Funeral Expenses No. 8 and the argument, the Plaintiffs’ funeral expenses will be apportioned according to the ratio of their respective shares of inheritance.

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