(영문) 서울중앙지방법원 2019.07.11 2018가단5134874

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(영문) 서울중앙지방법원 2019.07.11 2018가단5134874

손해배상(자)

Text

1. The Defendant: (a) against Plaintiff A, KRW 217,271,566; and (b) against Plaintiff B and C, KRW 2,00,000; and (c) against each said money, February 20, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) E is a vehicle for the Fcoon (hereinafter “Defendant vehicle”) around 05:30 on February 20, 2018.

) A while driving the G 14 tons of the cargo vehicle that was driven in the vicinity of the Young-dong Highway (Insular direction) located in Chungcheongnam-si, G 14 tons of the cargo vehicle that was driven earlier (hereinafter “instant accident”).

(2) At the time of the instant accident, H was killed due to the instant accident, which led to damage to wood.

(3) The Defendant is an insurer who has concluded a comprehensive automobile insurance contract against the Defendant vehicle. (4) The Plaintiff is the mother of the Deceased, and the Plaintiff B and I are the siblings of the Deceased.

[Ground of recognition] The fact that there is no dispute, Gap's 2, 3, 6 evidence, Eul's 1 through 6 (including additional numbers), the purport of the whole pleadings

B. According to the above recognition of liability, as the deceased died due to the operation of the Defendant vehicle, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as the insurer of the Defendant vehicle, barring special circumstances.

C. The Deceased, at the time of the instant accident, was a driver of the Defendant’s vehicle, who was a driver of the Defendant’s vehicle and returned to Korea. The blood alcohol content of E at the time was 0.073%, and the Deceased was 0.073% of the blood alcohol content of E at the time. Although it was sufficiently anticipated that E could have been able to drive a scambling on the new wall after drinking the night, he was able to have been able to drive a scam on the new wall after drinking the scambling, without fulfilling his duty of safety and security measures such as drinking, by taking into account all the circumstances indicated in the instant argument, such as the fact that the Deceased was a driver of the Defendant’s vehicle at the time of the instant accident, and was a driver of the Defendant’s vehicle, he shall be deemed to have been 35% of

2. It shall be in addition to the matters stated separately below the scope of liability for damages.

유사 판례

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