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(영문) 서울중앙지방법원 2018.10.26 2018가단5108899
손해배상(자)
Text

1. The Defendant: KRW 179,036,100 to Plaintiff A; KRW 175,536,100 to Plaintiff B; KRW 3,000,000 to Plaintiff C and D; and each of the above.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) E is a Fk5 business taxi on May 19, 2017 (hereinafter “Defendant vehicle”). Around 05:15, Fk5 business taxi (hereinafter “Defendant vehicle”).

(i) A G (hereinafter referred to as “the deceased”) driven by driving his/her own car along the middle line of yellow real lines prohibited by U.S. U.S. in order to proceed in the opposite direction while proceeding at a speed of 27 km from the westwest to the speed of 27 km from the westwest of the Joseon Dynasty, with a four-lane distance near the C.S. Hospital of the Joseon East-gu, Gwangju. In order to proceed in the opposite direction, the G (hereinafter referred to as “the G”) driven along four-lanes from the opposite direction to the westwest of the Joseon University.

2) A driving’s HHH NAS car shocks the front part of the Defendant’s vehicle to the right side of the Defendant’s vehicle, and thereby, the said NAS NAP car shocks the front part of the Defendant’s vehicle to shock and return to the right side of the running direction. As a result, the deceased was sent to the hospital at around 05:50 of the same day, which led to the death of the deceased due to the damage to the two main parts of the NAS. (hereinafter “instant accident”).

2) Plaintiff A’s father, Plaintiff B’s mother, Plaintiff C, and D are siblings of the Deceased, and the Defendant is a mutual aid operator who entered into an automobile mutual aid agreement with respect to the Defendant vehicle.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-5, 10, Eul evidence Nos. 1 and 4, the purport of the whole pleadings

B. According to the fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs, who are the deceased and their bereaved family members, as mutual aid business operators of the defendant vehicle.

C. However, according to the above evidence and evidence Nos. 9-16, 9-23, and 9-24, the deceased sent time from the night immediately before the accident occurred to the new wall on the day of the accident to the day of the accident, and was driving another person's vehicle under the cancellation of the license. The location of the accident in this case is a road at a speed of 60 km per hour, which is 138 to 149km per hour, and the deceased was accelerated at a speed of 138 to 149km, and the accident in this case occurred.

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