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(영문) 서울중앙지방법원 2017.02.24 2016가단26851
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 12,423,354, Plaintiff B, C, and D, respectively, and each of the said KRW 7,615,569 on June 27, 2015.

Reasons

1. Occurrence of liability for damages;

A. The recognition 1) E is a FMM vehicle at around 12:20 on June 27, 2015 (hereinafter “Defendant vehicle”).

(B) The G Driving’s bicycle driving on the front part of the Defendant’s vehicle, in excess of the central line with a yellow yellow-ray in front of the Defendant’s driving on the front side while driving a three-lane road near the new market distance in the new market in Ulsan-gu, Ulsan-gu along the three-lane from the view view-based distance room to the view-based square-ro, and driving along the three-lane from the view-based boundary of the view-based square-ro, was shocked by the front part of the Defendant’s vehicle (hereinafter “instant accident”).

(2) On July 6, 2015, G died due to the instant accident.

(3) The Plaintiff is the deceased’s spouse, and the Plaintiff B, C, and D 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. [Grounds for recognition] A-7, 10 evidence, and 1-6 evidence (including paper numbers, and the purport of the entire pleadings)

B. 1) According to the above facts, as the deceased died due to the operation of the Defendant vehicle, the Defendant, as the insurer of the Defendant vehicle, is liable for the damages suffered by the Plaintiffs, who are their bereaved family members, as the insurer of the Defendant vehicle. 2) The Defendant asserts that the instant accident occurred due to the total negligence of the deceased crossing the road due to the collision of the central line, which is formed by a yellow domine line, on board the bicycle, and the driver of the Defendant vehicle was driving three-lanes, and thus, it was impossible to know the fact that the deceased’s bicycle was crossing the road between many vehicles going beyond the central line, and that such a case should not be exempted since there was no duty of care to anticipate and drive the protection.

The main sentence of Article 3 of the Guarantee of Automobile Accident Compensation Act shall be applied to a person who operates an automobile for his own sake, when he has killed or injured another person due to the operation thereof.

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