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(영문) 서울중앙지방법원 2018.01.24 2017가단5105916
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 300,193,764, Plaintiff B’s KRW 195,462,509, and each of the said money, from September 3, 2016.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) C is a DNAS car around 05:00 on September 3, 2016 (hereinafter “Defendant vehicle”).

)In the negligence that, while driving a motor vehicle and driving a motor vehicle at a point of 51.2 km from the Daegu west to the port of port at a speed of 80km per hour exceeding 66 km per hour while drinking alcohol from the Daegu west to the port of port, the speed of 80km per hour at a speed of 146 km per hour, E is the Fworksta car (hereinafter referred to as “preferred vehicle”) driven by E.

(ii)A HWz car (hereinafter referred to as “Plaintiff-Vehicle”) driven by G that is stopped on a drick day;

)Each of the above automobiles stops due to a traffic accident they received, G does not find out that it was in the situation adjacent to the above preceding vehicle while leaving the car and leaving it, and it was not found that the front part of the Defendant vehicle was in the situation adjacent to the above preceding vehicle. The front part of the above preceding vehicle was received and the preceding vehicle was subjected to G due to its shock (hereinafter referred to as the “instant accident”).

2) G died due to the instant accident

(hereinafter referred to as “B” 3) Plaintiff A is the wife of the Deceased, Plaintiff B is the deceased’s children, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract with respect to the Defendant’s vehicle. [The grounds for recognition] without dispute, Gap 1 through 3, and Eul 1 (including paper numbers, the purport of the entire pleadings).

B. According to the above facts of recognition of liability, the defendant is the insurer of the defendant vehicle, and is liable for the damages suffered by the plaintiffs, who are the deceased and their bereaved families.

C. In the case where a drilling accident by a motor vehicle following the motor vehicle stopped on the vehicular road without taking safety measures such as moving the motor vehicle to a safe place or setting up a sign of a broken-down motor vehicle as prescribed by the related Acts and subordinate statutes, even though the limitation of liability is one expressway or motorway, etc., the preceding motor vehicle driver shall be subject to the prior accident.

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