(영문) 서울중앙지방법원 2015.01.20 2013가단5141884

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(영문) 서울중앙지방법원 2015.01.20 2013가단5141884

손해배상(자)

Text

1. The Defendant: (a) against Plaintiff A, KRW 40,714,285, Plaintiff B, and C, respectively, KRW 22,142,857 and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) D is the Epoter II Cargo (hereinafter “Defendant”) around 08:00 on July 11, 2013.

) A driver’s license and to turn to the left at the entrance of the Han-dong, Yeongdeungpo-gu, Seoul Metropolitan Government at the 5-dong 76-dong, and to turn to the left is negligent in neglecting the Jeon-ri-si at a one-lane of the two-lanes. F (hereinafter referred to as “the network”) with a crosswalk without signal apparatus to the port from the right side of the direction.

(2) On July 16, 2013, the deceased died due to damage to the head’s part on July 16, 2013 (hereinafter “instant accident”).

2) The plaintiff A is the husband of the deceased, and the plaintiff B and C are the deceased's children, and the defendant is the mutual aid business operator who entered into a mutual aid agreement with respect to the defendant's vehicle.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 2 (including each number), the purport of whole pleadings

B. According to the fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs, who are the deceased and their bereaved family members, as mutual aid business operators of the defendant vehicle.

C. The defendant's assertion as to the limitation of liability is that there is no signal apparatus at the time, so it is alleged that the deceased was negligent by closely examining whether or not the vehicle passes and neglecting his duty to walk safely. However, there is no evidence to acknowledge that the deceased was negligent, and the accident in this case is deemed to have occurred by the whole negligence of the driver of the defendant's vehicle, so the above assertion is without merit.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current value of damages at the time of the accident shall be calculated on May.

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