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(영문) 서울중앙지방법원 2018.11.28 2017가단5146603
손해배상(자)
Text

1. The Defendants jointly share KRW 180,500,000 with the Plaintiff and KRW 5% per annum from September 8, 2016 to November 28, 2018.

Reasons

1. Occurrence of liability for damages;

(a) Facts of recognition 1) D A around 00:01 September 8, 2016, 201, E Tracler (hereinafter referred to as “Defendant Tracler”)

(ii)F-owned G Haba (hereinafter referred to as the “Plaintiff”) holding G Haba (hereinafter referred to as the “Plaintiff”), a F-owned G Haba (hereinafter referred to as the “F”), which was stopped on three-lanes in the direction of the proceeding, while proceeding from the side of the Government at a point of 63.5 km in the metropolitan intersection-dong, Seoyangyang-gu, Seoyangyang-gu, Seoul Metropolitan City

2) The instant accident was shocked (hereinafter referred to as “instant accident”).

2) At the time, F was on the back of the driver’s seat, and H was on the back of the driver’s seat, and F and H (hereinafter “the network”).

(2) The Plaintiff is the mother of the Deceased, and the Defendant B Co., Ltd. (hereinafter “Defendant B”) is the insurer who concluded each comprehensive automobile insurance contract as to the Defendant’s vehicle, and the Defendant C Co., Ltd. (hereinafter “Defendant C”) is the insurer who concluded each comprehensive automobile insurance contract as to the Plaintiff Oralba.

B. According to the above recognition of liability, since the deceased died due to the operation of the defendant vehicle and the plaintiff Oral Ba, the defendants are jointly and severally liable for the damage suffered by the deceased and the plaintiff due to the accident in this case as the insurer of the defendant vehicle and the plaintiff Oral Ba, barring any special circumstances.

C. The Deceased, prior to the occurrence of the instant accident, appears to have been in the state of drinking and drinking alcohol with F, who was the driver of Oral Ba, was in the state of drinking and drinking alcohol; the Deceased was well aware of F’s drinking alcohol, but instead, he did not drive the Plaintiff Oral Ba, and the F did not stop despite entering the expressway that is prohibited from entering Oral Ba, and the Deceased did not stop without any safety measures, together with F, boarding the above Oral Ba and stopping without wearing a safety cap on the expressway; the instant accident occurred at night when it is not easily secured.

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