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(영문) 서울중앙지방법원 2017.10.13 2015가단5382993
손해배상(자)
Text

1. The defendant's KRW 111,774,026 to the plaintiff A, KRW 5,00,000 to the plaintiff B, and KRW 2,50,000 to the plaintiff C and D respectively.

Reasons

1. Occurrence of liability for damages;

A. 1) E is a F Vehicle around 19:05 on December 11, 2014 (hereinafter “Defendant Vehicle”).

A) While driving a vehicle and driving a vehicle at the port of the road at the right edge of the road at the port of the Dong bus stops, the Plaintiff was shocked (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff A suffered injury, such as less than 1/100, 2/100, 2/100,000, and 3/100,000.

3) Plaintiff B’s wife, Plaintiff C, and Plaintiff D respectively are Plaintiff A’s children, and the Defendant is an insurer who concluded a comprehensive automobile insurance contract with the Defendant for the Defendant’s vehicle. The fact that there is no dispute over the grounds of recognition, each of the entries in Plaintiff A’s wife, Plaintiff C, and Plaintiff B’s evidence Nos. 1 and 6, and 4-1 through 5, as a whole,

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs due to the accident in this case as the insurer of the defendant vehicle, barring special circumstances.

C. The Defendant asserts that, at the time of the instant accident, the Plaintiff A tried to cross the road without permission, and the negligence ratio of the said Plaintiff reaches 40%. The Plaintiffs asserted that there was no negligence on the said Plaintiff since A was walking at the left side of the road.

According to each image of Gap evidence Nos. 28, Eul evidence Nos. 28, and Eul evidence No. 1-3 through 8, the road in which the accident of this case occurred is one-lane road, which is not installed on the right side in the direction of the passage of the defendant vehicle, but is placed on the sloping earth and sand along the road. According to the video of the black box (Evidence No. 28) installed on the vehicle parked near the location of the accident of this case, the plaintiff is the defendant according to the left side of the above road from 00:38 to 00:46.

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