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(영문) 서울북부지방법원 2018.03.07 2017가단114013
손해배상(자)
Text

1. The Defendant: (a) KRW 129,147,134, respectively, and KRW 5% per annum from July 4, 2015 to March 7, 2018, respectively, to the Plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are the successors of dead C, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to D vehicles.

B. At around 08:25 on July 4, 2015, E discovered that C et al., while driving a D vehicle on the two-lane road as the west-si, Hanam City, while driving on the west-do two-lane road as the west-si, is going to overtake the two-lane road by changing the lane into one-lane.

In such cases, E is overtaking in violation of the duty of safe driving by driving on the front side, reducing speed, etc.

In contact with other bicycles at a bed two-lanes, the accident was caused by the death of the two ducts, etc. after the passage of the two ducts, etc.

From the next day, the accident of this case is called the accident of this case.

E was indicted for violating the Act on Special Cases concerning the Settlement of Traffic Accidents due to the instant accident and was sentenced to a fine of KRW 5,00,000 on January 19, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, Eul evidence 1 to 9, the purport of the whole pleadings

2. Determination

A. The occurrence of damages liability E committed a tort causing C to die in the instant accident.

The defendant, the insurer of E, is obligated to compensate the plaintiffs for all damages caused by the accident of this case.

B. Scope of liability for damages

(a) C’s lost earnings 1) Basic facts: 371,58,537 won calculated as shown in the calculation sheet in the calculation sheet in the calculation sheet in the calculation sheet, 371,58,537 won, 60 years of age, 22 days of operation, and 22 days of city’s ordinary wages;

(b) The fact that there is no dispute over funeral expenses of KRW 5,00,000 [based for recognition], the entries in Gap evidence 1 through 4, Eul evidence 1 through 9, and the purport of the whole pleadings.

(c) When a limited liability driver overtakes a bicycle, he/she has a duty to reduce speed and secure a maximum distance as possible to compensate for any unexpected accident when he/she overtakes a bicycle.

However, the accident is being used as one lane by the C that takes another bicycle.

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