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(영문) 서울중앙지방법원 2016.07.05 2016가단5006029
보험금
Text

1. The Defendant’s KRW 12,356,250 and each of the said money to the Plaintiffs are 5% per annum from November 5, 2015 to July 5, 2016.

Reasons

1. Occurrence of liability for damages;

A. 1) At around November 13:13:13, 2015, I is the Defendant vehicle (hereinafter “Defendant vehicle”).

) A victim L (a) who driven by the vehicle and driven along the road of the one-lane of the K-lane in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, is walking at a speed of about 40 km per hour from the heart to the pentcheon-do surface, and was walking along the right edge of the Defendant vehicle in the same direction as that of the running direction of the vehicle; hereinafter referred to as “the deceased”).

2) The deceased had the deceased die due to the heart stop (hereinafter “instant accident”) by shocking the front right side of the said vehicle.

2) The Plaintiffs are 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 1 through 5 evidence, Eul 1 and 2 evidence (if there are provisional numbers, including numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above facts of recognition, since the deceased died due to the accident of this case, the defendant is liable to compensate the plaintiffs who are the deceased and their bereaved family members as the insurer of the defendant vehicle unless there is a special reason.

(c) Limitation of liability: Provided, That on a road which is a pedestrian, and is not divided into a sidewalk and a roadway, a pedestrian shall pass along the direction opposite to a vehicle or horse, but Article 8 of the Road Traffic Act (Road Traffic Act) (2) On a road which is not divided into a sidewalk and a roadway, a pedestrian shall pass through the edge of the road or the edge of the road in the direction opposite to a vehicle or horse;

Provided, That where the direction of road traffic is one-way, it may pass without facing opposite vehicles and horses.

The deceased's negligence did not so, and the deceased's negligence contributed to the occurrence or expansion of the damage caused by the accident of this case, so the ratio of negligence shall be limited to 95% by taking into account the ratio of negligence to 5%.

The defendant shall be the deceased.

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