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(영문) 대구지방법원 2017.07.26 2015가단109727
손해배상(기)
Text

1. The Plaintiff:

A. Defendant Samsung Fire Marine Insurance Co., Ltd.: 21,138,330 won;

B. Defendant Samsung Fire Insurance.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition D received on March 5, 2013, the part of G dump truck (registration number: H; hereinafter “Plaintiff’s vehicle”) owned by the Plaintiff on the part of G dump truck (hereinafter “Plaintiff’s vehicle”) of F driver’s moving to the opposite line while driving the national highway No. 25 in the south-do of Gyeongsan-do in the direction of Cheongdo in the direction of Cheongdo-do-ri, Nam-do-si, Nam-do-si, Busan-do-do-si (hereinafter “instant Defendant vehicle”) by driving the instant vehicle on the right side of the said vehicle.

(hereinafter “instant accident”). D A killed due to the instant accident.

(hereinafter “D”). Defendant Samsung Fire Marine Insurance Co., Ltd. (hereinafter “Defendant Insurance Co., Ltd.”) concluded an automobile insurance contract with D on the instant Defendant vehicle, and Defendant A, B, and C succeeded to the deceased’s claims and obligations as the deceased’s spouse and children.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5-1 through 16, Eul evidence 1 and the purport of the whole pleadings

B. (1) According to the above fact of recognition as the ground for the liability for damages, Defendant A, B, and C are the deceased’s heir who caused the instant accident, and the Defendant insurance company is the insurer of the instant Defendant vehicle, who is the owner of the instant Plaintiff, shall be liable for the damages incurred to the Plaintiff due to the instant accident.

(2) Whether limitation of liability has been limited (A) Defendant insurance company: (a) immediately before the occurrence of the instant accident, Defendant insurance company operated the instant vehicle in an irregular and abnormal manner; (b) and (c) caused the instant accident to the median line, the driver of the instant Plaintiff was aware of the said situation and was obliged to prevent the accident, but did not take any measures to prevent the accident and avoid the accident or mitigate the damage, taking into account such circumstances.

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