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(영문) 서울남부지방법원 2017.02.09 2016가단206394
손해배상(자)
Text

1. The Defendant: (a) KRW 25,66,66 to Plaintiff A; and (b) KRW 14,11,111 to the rest of the Plaintiffs; and (c) each of the above amounts.

Reasons

1. Existence of liability for damages

A. The facts of recognition (1) around 11:15 on June 2, 2015, E: (a) while driving a rocketing F Pacific Cargo Vehicle (hereinafter “instant accident vehicle”) in the direction of the summer Round in the direction of the summer Round on the side of the Sejong Special Self-Governing City, at the joint signature of Sejong Special Self-Governing City, it was tried to find out the central line for the overtaking of the H Driving in the direction of the same direction, but tried to immediately return to the existing lane after discovering the vehicle, which was located in the direction of the said direction, and immediately return to the existing lane. Around June 2, 2015, E received the part adjacent to the left-hand side of the horse loaded at the front of the steering line of the said accident vehicle.

(hereinafter “instant accident”). (2) H deserted the instant accident, and died on the day of the instant accident during the course of transportation after suffering from injury, such as cage cage cages, etc., of the instant accident.

(hereinafter referred to as “the deceased”). (3) The Plaintiff A’s wife, and the rest of the Plaintiffs are the deceased’s children.

(4) The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the instant vehicle involved.

(5) In the Daejeon District Court, E was sentenced to imprisonment without prison labor for a period of one year and two years of suspension of execution for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (2015dan2357), and paid 25 million won to A who was the representative of the bereaved family during the appellate trial.

[Ground for Recognition: Facts without dispute, Gap evidence 1-2, Gap evidence 2, Gap evidence 3, Gap evidence 4, the purport of whole pleadings]

B. According to the above facts of recognition, the defendant is liable to compensate for damages suffered by the deceased and their families due to the accident of this case as the insurer of the accident of this case.

C. (1) According to Article 20(1) of the Road Traffic Act of the Defendant’s assertion, the driver of any motor vehicle is obliged to yield the course when he/she intends to drive at a speed lower than that of the motor vehicle behind. However, the deceased breached the above duty, and such mistake may also be deemed as the cause of the instant accident.

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