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(영문) 전주지방법원 2018.07.05 2017나12458
손해배상(자)
Text

Of the judgment of the first instance, the part against the defendant against the plaintiff A, B, and C in excess of the amount ordered below.

Reasons

In fact, F, on September 26, 2015, driving a vehicle of G vehicle (hereinafter referred to as "Defendant vehicle") around 07:57, changed its course to JinTol (five-lane) on the access lane (five-lane) at the 82.4km located in the Busan East-si, Jin-si, Busan at the 82.4km away from Jinsan-si, Busan-do, Busan-do.

At this time, on the lane that F intends to change, the IF driven by the network H (hereinafter referred to as “the network”) (hereinafter referred to as “Plaintiff”) was driving.

Although F failed to secure a distance to avoid a collision with the Plaintiff’s vehicle, F changed the lane as it is without finding the Plaintiff’s vehicle, resulting in an accident that received the part of the Plaintiff’s driver’s seat from the front front part of the Defendant’s vehicle (hereinafter “instant accident”).

위 사고로 인하여 원고 차량이 진행방향 좌측 가드레일을 뚫고 추락하여 전복되었고, 그 과정에서 망인은 차량에서 튕겨져 나가 원고 차량에 깔려 같은 날 08:00경 현장에서 사망하였다.

Plaintiff

A is the deceased’s spouse, and Plaintiff B and C are the deceased’s children, and Plaintiff D is the father of the deceased, and Plaintiff E is the mother of the deceased.

The defendant is an insurer who has entered into a comprehensive automobile insurance contract regarding the defendant vehicle.

[Ground of recognition] According to the facts without dispute, Gap evidence Nos. 1, 3, 9, and 10 (including virtual numbers), and the facts of recognition of liability for damages arising from the overall purport of the pleadings, the defendant is liable for damages suffered by the plaintiff A, the deceased's spouse, and the plaintiff D and the plaintiff E, the deceased's parent, due to the accident of this case, as the insurer of the defendant vehicle.

Limitation of Liability: 7% of the deceased's negligence, 93% of the defendant's liability is to be stated in this part of this Court's reasoning as stated in the second multi-paragraph (5 to 17 pages) of the reasoning of the judgment of the court of first instance. Thus, it is to be stated in the main sentence of Article 420 of the Civil Procedure Act.

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