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(영문) 서울중앙지방법원 2017.11.29 2016가단10672
손해배상(자)
Text

1. Defendant D: (a) KRW 152,315,032 for each of the Plaintiff A and each of the said money to the Plaintiff B and C, respectively; and (b) December 23, 2014 for each of the said money.

Reasons

1. Basic facts

A. Defendant D is engaged in driving service of EKa Costa Car (hereinafter “Defendant”).

around 22:05 on December 23, 2014, Defendant D driven the Defendant’s vehicle and driven the road of four lanes in front of “G” located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, with two-lanes, toward the salary distance from the distance of dry field.

Since there are crosswalks where signal lights are installed on the front door, in such a case, the driver of the vehicle has a duty of care to check whether there is a person who gets on a road by reducing the speed and by checking well the right and the right and the right of the road, and to drive safely in accordance with the new code.

Nevertheless, Defendant D neglected this and followed by negligence in violation of and proceeding with the vehicle stop signal, which caused H to cross the above crosswalk to the right side from the left side of the Defendant’s driving direction to the left side of the Defendant’s vehicle, by taking the above crosswalk into the front part of the Defendant’s driving direction, and caused H to go into the public, thereby falling into the ground.

As a result, Defendant D caused the death of H on December 24, 2014 due to the occupational negligence, around 01:00, due to brain damage at the Chungcheong University Hospital located in 776, Seo-gu, Seo-gu, Seo-gu, Cheongju-si.

Defendant D was indicted of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (Act No. 2015Kadan149) with respect to the foregoing accident and was sentenced to two years by imprisonment without prison labor on July 3, 2015, the appellate court sentenced the imprisonment without prison labor for one year on July 3, 2015, and Defendant D withdrawn an appeal against the above judgment and the sentence became final and conclusive.

B. The Plaintiff A’s spouse, Plaintiff B, and C are the lineal descendants of the Deceased.

C. Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Co., Ltd”) concluded an automobile comprehensive insurance contract with Defendant D regarding the Defendant’s vehicle, but the said comprehensive insurance contract was concluded.

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