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(영문) 서울중앙지방법원 2015.11.13 2015가단54460
손해배상(자)
Text

1. The Defendant’s each of the Plaintiffs’ KRW 23,801,221 and each of them shall be 5% per annum from December 7, 2014 to November 13, 2015.

Reasons

1. Occurrence of liability for damages;

A. Fact-finding 1) D is a bus E around 20:00 on December 7, 2014 (hereinafter “Defendant vehicle”).

) A network F (hereinafter referred to as “the network F”) with which the crosswalk was set up while driving a vehicle and making a left-hand turn for the right-hand turn at the intersection in front of the 107-dong, Jung-gu, Seoul Metropolitan Government New-dong, Central-gu.

1) The instant accident was shocked (hereinafter “instant accident”).

(2) On December 8, 2014, the Deceased died of brain training expenses around 01:30 on December 8, 2014. 2) The Plaintiffs are the children of the Deceased, and the Defendant is the mutual aid business entity that entered into a mutual aid agreement with the Defendant’s vehicle.

[Ground for Recognition: Facts without dispute, Gap's evidence 1, 2, 4, 5, purport of the whole pleadings]

B. According to the above recognition of liability, the driver of the defendant vehicle is liable to compensate the plaintiffs for damages caused by the accident of this case, since the driver of the defendant vehicle neglected his duty of care to safely drive the front side and the right and the right and the right while making a left-hand turn.

C. Restrictions on liability, however, at night, the Deceased is negligent in governance in violation of pedestrian signal, and such negligence is deemed to have caused the occurrence of the instant accident and the expansion of damage.

However, at the time of the commencement of the construction of the crosswalk by the deceased, it seems that the pedestrian signal was green, and at the time the deceased was considerably governance, and the deceased was in a state of being brightnessd with brightness clothes, etc., it is reasonable to view the deceased’s negligence as 20% in light of the various circumstances indicated in the argument of this case, such as the fact that the deceased was in a state of being brightnessd with snow, and thus, the Defendant’s responsibility is limited to

2. Scope of liability for damages

(a) Funeral expenses: 5,000,000 won (the disbursement of the plaintiffs); and

(b) Funeral expenses after limitation of liability: 4,000,000 won (per 1,333,333 of the plaintiffs); and

C. The consolation money shall be paid to the deceased in consideration of all the circumstances revealed in the pleadings of the instant case, such as the background of the instant accident, the age and degree of negligence of the deceased, and personal relations.

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