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(영문) 서울남부지방법원 2018.06.28 2016가단248466
손해배상(자)
Text

1. The Defendant: (a) against Plaintiff A, KRW 37,988,070; and (b) against Plaintiff B and C, KRW 21,325,380, respectively; and (c) against each of the said money.

Reasons

1. The facts of recognition D, around 20:50 on March 4, 2016, driven the E vehicle (hereinafter “Defendant vehicle”) and brought back the F apartment complex in Suwon-gu, Young-gu, F apartment complex on the front of 202 roads in Suwon-gu, Suwon-si, which was walking on the right side from the rear side of the Defendant vehicle, shocked into the rear side of the Defendant vehicle.

(hereinafter “instant accident”). G died on March 23, 2016, while receiving hospitalized treatment at H Hospital due to both sides of the instant accident, she was suffering from acute gymnasium and galsium abandonment.

Plaintiff

A is the spouse, Plaintiff B, and C of the net G (hereinafter referred to as the “the deceased”)’s 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] Facts without dispute, Gap evidence Nos. 1 through 3, 6, 8, Eul evidence Nos. 2 and video, fact-finding results on H Hospital Head, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs, who are the deceased and their bereaved family members due to the accident of this case as the insurer of the defendant vehicle.

B. The limitation of liability: (a) the place where the accident in this case occurred was an apartment parking lot; (b) the time was turned on the front, rear, etc. of the Defendant’s vehicle at night; (c) the Deceased, who passed the rear part of the Defendant’s vehicle, was aware of the fact of the rear-down of the Defendant vehicle, and could immediately avoid the Defendant’s vehicle if he paid little attention; and (d) on the other hand, the death of the Deceased was caused by the serious consequence of the death of the Deceased, which was caused by spine only and chronic pulmonary function. In such a situation, the Defendant’s liability is limited to 70% of the Defendant’s damages by taking into account all the circumstances indicated in the record and the entire pleadings, such as the occurrence of the death of the Deceased due to the instant accident and surgery.

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