logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.02.15 2019가단5060239
손해배상(자)
Text

1. The Defendant: (a) KRW 229,045,953; (b) KRW 225,045,953; and (c) KRW 225,045,953; and (b) KRW 24,018.

Reasons

1. Occurrence of liability for damages;

A. (1) On October 24, 2018, around 15:10 on October 24, 2018, the driver D of the Defendant vehicle is proceeding one lane of the two-lanes of Yongsan-gu Seoul, Yongsan-gu, Seoul, on the front side of the green line to “red red signal” in the front side of the Defendant vehicle, and the driver D was crossing the Defendant vehicle’s vehicle’s bicycle along the left side along the Defendant’s driving direction with a pedestrian’s new sign and walk on the left side in accordance with the pedestrian’s new sign.

F의 좌측 다리 부분을 피고 차량 운전석 앞 범퍼 부분으로 충격하고, 그 충격으로 F이 튕겨 올라 F의 머리 부분이 피고 차량 운전석 앞에 다시 충격되면서 바닥에 넘어지게 하였다( 이하 ‘ 이 사건 사고’ 라 한다.

Attached Form

(2) On the same day, the Deceased suffered injury, such as two parts, due to the instant accident, and eventually led to death at around 16:19 on the same day.

(3) The Plaintiffs jointly inherited the Deceased as the parents of the Deceased, and the Defendant is the insurer who concluded the comprehensive automobile insurance contract with the Defendant’s vehicle.

[Grounds for recognition] A-2, A-4-5, A-8-9, A-1-12, B-1-7, and the overall purport of the pleading (including the results of factual inquiries about the workplace of the Seoul Western Road)

B. According to the above recognition of liability, the defendant is liable to compensate the deceased and the plaintiffs for damages caused by the instant accident as an insurer of the defendant vehicle, unless there are special circumstances.

(c)

However, according to the above evidence and the purport of the changed theory, the point of accident of this case is where the crosswalk and the bicycle crossing are installed together, and the deceased must cross the road using the bicycle crossing, and in the case of using the crosswalk, the bicycle should get off the bicycle and walk the bicycle in accordance with Article 13-2 (6) of the Road Traffic Act, but the bicycle should walk, without wearing safety equipment, such as safety caps, it is erroneous for the plaintiff to enter the crosswalk. This is the same.

arrow