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(영문) 서울중앙지방법원 2017.11.24 2016가단5278114
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 22,027,91, Plaintiff B, C, and D, respectively, and each of the said money on September 1, 2016.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) E is the FCA110V Oba (hereinafter “Defendant vehicle”) around 22:00 September 1, 2016.

) A driving of the vehicle along the two-lanes of the two-lane road in front of the integrated aggregate market in Suwon-si, Suwon-si, and the vehicle was placed on the left side of the direction of the vehicle for the defendant, and the vehicle was placed on the right side of the pedestrian red signal, G, China, China, where the crosswalk was a pedestrian red signal (hereinafter referred to as the “instant accident”).

2) On September 8, 2016, G was killed on September 8, 2016 while receiving treatment due to the instant accident.

(3) The Deceased was divorced at the time of the instant accident, and the Plaintiff A and B were the deceased’s children, and the Plaintiff C and D are both Chinese nationals as the parents of the Deceased. (4) The Defendant is the insurer who concluded the comprehensive automobile insurance contract regarding the Defendant’s vehicle.

B. According to the above facts, as the deceased died due to the operation of the Defendant’s vehicle, the Defendant, as the insurer of the Defendant’s vehicle, is liable for the damages suffered by the deceased and the Plaintiffs who are their bereaved family members, as the insurer of the Defendant’s vehicle, barring special circumstances. (2) As to this, the Defendant asserts that the instant accident occurred by recklessly crossinging the crosswalk on the pedestrian red signal in the heart, and that the driver of the Defendant’s vehicle, who was normally proceeding under the new name, should be exempted from liability, on the ground that there was no error with the G, inasmuch

The main text of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that "a person who operates an automobile for his own sake shall be liable to compensate for the damages caused by the operation of the automobile concerned when he dies or gets injured by another person," and provides that the driver shall not be negligent by intention or negligence. However, in case where a person who is not a passenger dies or is injured, he shall be liable to compensate for the damages caused thereby."

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