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(영문) 서울중앙지방법원 2018.04.27 2017가단5204622
손해배상(자)
Text

1. The Defendant: (a) against Plaintiff A, KRW 65,805,072; and (b) against Plaintiff B and C, KRW 37,536,715, respectively; and (c) against each said money, September 14, 2017.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) D is a bus E around 07:19 on September 14, 2017 (hereinafter “Defendant vehicle”).

) A driver, while driving his vehicle and driving his vehicle along the border line in the direction of the direction of the vehicle heading across the direction of the vehicle heading across the direction of the direction of the vehicle heading along the direction of the direction of the direction of the vehicle heading along the direction of the direction of the direction of the vehicle heading along the direction of the direction of the direction of the vehicle heading along the direction of the direction of the direction of the direction of the vehicle heading along the direction of the direction of the direction of the direction of the direction of the vehicle heading in the direction of the direction of the direction of the direction of the vehicle (hereinafter “instant accident”).

2) The accident of this case led to the death of F in the form of a blood shock, etc.

(hereinafter referred to as “F”. 3) The Plaintiff’s wife, Plaintiff B, and C are the deceased’s children, and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with the Defendant’s vehicle. The Defendant is a mutual aid business entity that entered into a mutual aid agreement with the Defendant’s vehicle. The 【Fact- without dispute as to the grounds for recognition, the respective entries in Gap’s evidence Nos. 1, 2, 3, and 6, and the purport of the entire pleadings and arguments

B. According to the above recognition of liability, as the deceased died due to the operation of the Defendant’s vehicle, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as a mutual aid business operator of the Defendant’s vehicle, barring special circumstances.

C. The limitation of liability is limited, however, that the deceased is obligated to pass along the right side of the road when driving a bicycle at a place where no bicycle lane is installed (Article 13-2(2) of the Road Traffic Act), but the deceased is negligent in driving the bicycle at a four-lane and failing to wear protective equipment such as safety caps, etc., among the five-lanes. Such errors contributed to the occurrence and expansion of damages caused by the instant accident, and thus, such circumstances will be considered in calculating the amount of damages that the defendant would compensate for. However, the deceased’s negligence shall be considered as 10% and the defendant’s responsibility

2. The scope of the liability shall be below.

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