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(영문) 서울중앙지방법원 2019.07.19 2019가단5004895
손해배상(자)
Text

1. The Defendant: (a) on March 30, 2018, the Plaintiff KRW 20,000, KRW 11,000,000 for each of the said money to Plaintiff A and each of the said money to Plaintiff B and C.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) E is the FST5 Passenger Vehicles (hereinafter “Defendant Vehicles”) around 23:10 on March 30, 2018.

(B) While driving a vehicle and driving a bus stop in front of the Winter Station located in the U.S. Mag-si, Busan, Busan, along one lane from the Olympic Intersection to the 5-lane boundary, the road was driven by a one-lane from the Olympic intersection to the intersection distance, G crossing the crosswalk in front of the direction of the Defendant vehicle into the left side from the right side to the front part of the Defendant vehicle (hereinafter “instant accident”).

2) Around 00:30 on the following day of the instant accident, G died due to damage to diversified, etc. due to the instant accident.

(3) The Plaintiff is the deceased’s spouse, and the Plaintiff B and C are the deceased’s children, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract against the Defendant vehicle. 【In the absence of any dispute as to the ground for recognition, the Plaintiff’s 1 through 6, and Eul’s 1 (including all of the serial numbers), and the purport of the entire pleadings.

B. According to the above recognition of liability, the defendant, as the insurer of the defendant vehicle, is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case, unless there are special circumstances, since the deceased died due to the operation of the defendant vehicle.

C. The limitation of liability, however, in full view of the purport of the arguments and arguments in each description or image of the evidence No. 1 of the deceased, the deceased acknowledged that he had cross-roaded five-lanes of a pedestrian signal in a crosswalk with a signal apparatus at night, in violation of pedestrian signal, and considered these circumstances in calculating the amount of damages to be compensated by the defendant. However, considering the deceased’s age, the deceased’s negligence shall be 60%, and the defendant’s liability shall be limited to 40%.

2. Scope of liability for damages

(a) Funeral expenses: 2,00,000 won (Plaintiff A expenditure); and

B. Limitation of liability: 40% of the defendant's liability ratio (see the above 1.c. of 1.)

C. Reasons for consolation money 1: this case.

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