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(영문) 전주지방법원 남원지원 2018.05.30 2017가단11675
손해배상(자)
Text

1. All of the plaintiffs' claims are dismissed.

2. Of the costs of lawsuit, the part arising from the Plaintiff’s participation.

Reasons

1. Basic facts

A. On April 10, 2017, around 15:22, a traffic accident (hereinafter “instant accident”) occurred between D Driving’s Egallon vehicle (hereinafter “Defendant’s side vehicle”) and F Driving G Dok Road (hereinafter “Plaintiff’s vehicle”).

The accurate point of accident is [Attachment] as seen in the accident site map, on the road on the part of the defendant's side, which is caused by the rapid operation of the steering gear on the left side by the plaintiff's side.

(5) A vehicle on the part of the plaintiff Ma1 and the defendant Ma2).

F died on April 13, 2017 due to the instant accident, around 15:41.

Plaintiff

A is the husband of F, and the plaintiff B and C are the child of F.

C. The Defendant is an insurer who has concluded an automobile insurance contract concerning the Defendant’s automobile, and the Plaintiff’s Intervenor is an insurer who has concluded an automobile insurance contract concerning the Plaintiff’s automobile.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 6 evidence, Eul evidence 1 to 6, the purport of the whole pleadings

2. The parties' assertion

A. At the time of the instant accident, the reason why F immediately operated the steering gear of the Plaintiff’s side to port is that D has driven the Defendant’s side by breaking the central line.

In other words, the accident of this case occurred in F to avoid the defendant's vehicle which is different from the other side of the plaintiff's vehicle on the same road as the other side's direction, and the major cause of the accident of this case is the negligence of D above.

The defendant shall compensate the plaintiffs for damages caused by the instant accident.

The actual income of F, who died from the instant accident, is a total of KRW 84,049,006 (i.e., the daily wage of urban daily workers from April 10, 2017 to July 19, 202). The consolation money is KRW 100,000,000.

Plaintiff

Funeral expenses paid by A shall be KRW 5,00,000, and the consolation money paid by Plaintiff A shall be KRW 10,000,000, and the consolation money paid by Plaintiff B and C.

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