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(영문) 울산지방법원 2015.03.04 2013가단30805
손해배상(자)
Text

1. The Defendant: (a) against Plaintiff A, KRW 50,59,085; (b) KRW 49,759,085; and (c) against each said money, from September 3, 2013 to September 2015.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) Net C (hereinafter “the deceased”).

A) On September 3, 2013, around 21:56, the driver of the Obatoba and passed the second line E-T-T-Won road located in Ulsan-gun, Ulsan-gun, and passed the second line at the wave of the road, and was used on the road (hereinafter referred to as “the first accident”).

(2) Since Nonparty F was driving a vehicle for the sports learning riding (hereinafter “Defendant F”) and was in the above location, the Defendant was negligent in neglecting his duty of care to prevent traffic accidents by properly operating the steering gear and brakes of the Defendant’s vehicle, and thereby causing death due to damage to the body part of the Defendant F’s body by neglecting his duty of care.

(hereinafter referred to as “the instant accident”) A. 3) The Plaintiff’s father, the Plaintiff B’s mother, and the Defendant is an insurer which concluded an insurance contract with the content of compensating for damages in respect of an accident that occurred during the operation of the Defendant vehicle. [In the absence of any dispute over the grounds for recognition, the descriptions and images of the evidence Nos. 1, 2, and 9-1 through 24, the witness and I’s testimony, and the whole purport of the pleading.

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs, who are the deceased and their bereaved family members.

Although the Defendant alleged that F was unable to avoid the instant accident even if F had due care to be a driver, it cannot be viewed that F was negligent on the ground that F voluntarily discovered the deceased and made a statement that F did not properly handle hand effects (see, e.g., evidence Nos. 9-23 and 24).

Therefore, we cannot accept this part of the defendant's argument.

(c) limitation of liability, however, at night, is a place where there is no lighting facility at the accident site in this case, and the accident road is a motorway, and people crossing in the central separation cost.

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