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(영문) 인천지방법원부천지원 2015.12.17 2015가단114434
손해배상(자)
Text

1. The Defendant’s annual interest on KRW 36,050,000 and each of the above amounts to the Plaintiffs from July 28, 2014 to December 17, 2015.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C are D dump trucks around 12:07 on July 28, 2015 (hereinafter “Defendant vehicle”).

) A driver, while driving a vehicle and driving a vehicle along the 3rd line road in front of the Nowon-gu, Nowon-gu, Nowon-gu, U.S.A. E, along two-lanes from the direction of the transmission, the signal, etc. installed on the front side after stopping to the intersection for the signal signal at the intersection and stopping down to the signal for the progress of the vehicle. However, due to the negligence of neglecting the front road at the time, C is driving a bicycle, without discovering the F that started to walk the crosswalk installed in front of the running direction of the Defendant vehicle, while driving the vehicle without discovering, and driving the F in front of the right side of the Defendant vehicle with the left rear wheels of the Defendant vehicle (hereinafter referred to as “the network”).

) The injury caused the death of the Plaintiff at the site due to the ductal ductal and brain damage, etc. (hereinafter “instant accident”).

2) The Plaintiffs are the legal successors of the Deceased as their children, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 (including each number), the purport of whole pleadings

B. According to the above fact of recognition of liability, the accident of this case occurred due to negligence that C stops for signal waiting at the intersection and fails to perform its duty of care at the front time, and due to shock negligence without finding the deceased who was crossing the crosswalk. Thus, the defendant is the insurer of the defendant vehicle, who is liable for the damage suffered by the deceased and the plaintiffs due to the accident of this case.

C. The limitation of liability: (a) the following circumstances, i.e., where green lights are on-and-off, pedestrians should not initiate crossing; and (b) pedestrians crossing the aforementioned evidence.

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