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(영문) 서울중앙지방법원 2018.11.28 2018가단5085781
손해배상(자)
Text

1. The Defendant: KRW 9,365,951 for each of the Plaintiffs, and KRW 5% per annum from January 12, 2018 to November 28, 2018; and

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) G is the H Cargo Vehicle around 15:09 on January 12, 2018 (hereinafter “Defendant Vehicle”).

) A driver’s license, while proceeding to the Public Procurement Service in accordance with one-lane one-lane of the three-lanes near the Daegu Western-gu I, the J unauthorized to the right from the left side of the Defendant vehicle, was shocked into the front part of the left side of the Defendant vehicle (hereinafter “instant accident”).

2) The J (hereinafter “the deceased”) died due to brain injury on the same day.

3) The Plaintiffs are the offsprings of the Deceased, and the Defendant is the insurer that entered into a comprehensive automobile insurance contract with respect to the Defendant vehicle. [The fact that there is no dispute over the grounds for recognition, Gap evidence Nos. 1, 2, Eul evidence No. 1 through 3, and the purport

B. According to the above recognition of liability, as the deceased died due to the operation of the Defendant’s vehicle, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as the insurer of the Defendant’s vehicle, barring special circumstances.

The defendant asserts that the accident in this case occurred between the vehicle whose death was suspended and the driver of the defendant's vehicle without any negligence on the part of the driver of the defendant's vehicle.

However, considering the speed of the Defendant vehicle, the time interval between the Deceased and the point of collision between the Deceased and the Defendant vehicle, if the Defendant vehicle driver fulfilled his duty of care on the front side and the surrounding areas, it seems that the collision with the Deceased could be avoided or at least the damage could have been reduced through the action of operation or avoidance.

The defendant's above assertion is without merit.

C. However, the limitation of liability is limited to 30% of the Defendant’s liability in consideration of these circumstances, inasmuch as there was an error of crossing the vehicle between the vehicles suspended by the Deceased without permission, and such error was the main cause of the instant accident.

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