(영문) 서울중앙지방법원 2020.02.07 2018가단5219782

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(영문) 서울중앙지방법원 2020.02.07 2018가단5219782

손해배상(자)

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1. As to the Plaintiff A’s KRW 50,901,157, Plaintiff B, C, D, and E, respectively, KRW 47,901,157 and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. On June 30, 2018, G: (a) H taxi around 01:53 on June 30, 2018 (hereinafter “Defendant vehicle”).

) A driver was negligent in driving the J road in front of the Suwon-si I while driving in the direction of Northwest from the shooting distance of the KLL, and did not detect L which was unclaimed on the left side from the direction of the Defendant vehicle to the left side and shocked L to the front part of the Defendant vehicle (hereinafter the above traffic accident is referred to as “instant accident”).

(2) Due to the instant accident, L was killed due to brain injury around 02:50 on the same day.

(hereinafter referred to as “the deceased”). (3) The Plaintiffs are the deceased’s children, and the Defendant is the mutual aid business entity that has entered into a mutual aid agreement with the Defendant’s vehicle. The Defendant is the mutual aid business entity that has entered into a mutual aid agreement with the Defendant’s vehicle. 【The ground for recognition’s absence of any dispute, Gap’s 1, 3, 6 evidence, Eul’s 2, and 3

each entry or video, the whole purport of the pleading;

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

C. The limitation of liability, however, according to the statements or images in the evidence Nos. 2 and 3 of the deceased as stated above, the deceased committed an error of crossing the road with a central separation cost without permission at night, and thus, it shall be considered in calculating the amount of damages that the defendant would compensate for. However, considering that the driver of the defendant vehicle failed to detect the deceased due to driving on the stroke, the deceased was shocked at a speed of 70km/h, and the deceased died due to 10 meters of the 10 meters and the 10 meters of 10 meters of 10 meters of 10 meters of 10 meters of 10 meters of 10 meters of 10 meters of 40% of 60% of 60% of 1

2. Except as otherwise stated below, the scope of the liability for damages shall be limited.

유사 판례

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