logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.12.04 2013가단180976
손해배상(자)
Text

1. The Defendant’s 34,483,268 won, Plaintiff C, Plaintiff D, Plaintiff E, and Plaintiff F respectively, and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 1:45 on August 27, 2012, G: (a) caused negligence in failing to perform his/her duty of Jeonju City while driving his/her Hhodo taxi (hereinafter referred to as “Hhodo”); (b) on the crosswalk green signal by neglecting his/her duty of Jeonju City while driving one-lane of the two-lanes in front of the Jido located in Pyeongtaek-si I, which led to the head of the network A (hereinafter referred to as “the network”).

(hereinafter “instant accident”). The Deceased died on August 7, 2014 while receiving medical treatment due to the instant accident, such as an injury caused by climatic depression, etc.

(2) The Plaintiffs are the deceased’s spouses and children, and the Defendant is the person who entered into a comprehensive automobile insurance contract with respect to a household-employed vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and No. 9 (including where there are additional numbers), the result of the commission to send certified copies to the office of the horizontal Housing Site Office of the Suwon District Prosecutors' Office of this Court, the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for the damage suffered by the deceased and the plaintiffs due to the accident of this case as the insurer of the damage vehicle.

C. The limitation of liability is limited, however, that the deceased's driver should get off the bicycle and walk the bicycle when crossing the road on the crosswalk (see Article 13-2 of the Road Traffic Act). The deceased's negligence was caused by the expansion of the damages in this case. Thus, the defendant's responsibility is limited to 90% in consideration of this.

The plaintiffs can pass the sidewalk when they drive a bicycle under the interpretation of Article 13-2 (4) 1 of the Road Traffic Act. Therefore, even if the deceased, who is the senior citizen, governance of the crosswalk, it is a reason for offsetting negligence.

arrow