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(영문) 서울중앙지방법원 2018.11.14 2017가단81824
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 30,363,636, Plaintiff B, C, D, and E respectively, KRW 17,209,960 and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. 1) F is the Gunst Pacific Vehicle around 20:10 on May 30, 2017 (hereinafter “Defendant Vehicle”).

) During the process of driving Hacheon-si, Chuncheon-ro one-lane of 246-1 to 3rd intersections, the electric wheelchairs of the previous H driver’s license, shocking into the right side part of the Defendant’s vehicle, and thereby H died at around 20:59 on the same day (hereinafter “instant accident”) (hereinafter “the instant accident”), and H refers to “the deceased”).

(2) The Plaintiff A is the insurer who had the deceased’s spouse, Plaintiff B, C, D, and E, and the Defendant is an automobile comprehensive insurance contract with respect to the Defendant’s vehicle.

B. According to the above recognition of liability, the deceased died due to the operation of the Defendant’s vehicle, barring special circumstances, 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.

C. The limitation of liability: (a) the instant accident is a road that is not divided into a sidewalk and a roadway; (b) so, an electric wheelchairs ought to pass along the direction opposite to vehicles and horses, and thus, the Deceased operated the electric wheelchairs in the direction opposite to the Defendant’s vehicle; (c) the instant accident occurred after driving the electric wheelchairs on the road without street, etc.; and (d) the Defendant’s driver was also a driver of the Defendant’s vehicle who does not have any reflect or lighting lights separately on the electric wheelchairs, thereby hindering the identification of the electric wheelchairs; and (e) the Defendant’s liability is limited to 80% in calculating the amount of damages to be paid by the Defendant.

【Ground of recognition】 The fact that there has been no dispute, Gap 1-5, 10 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. In addition to the matters stated below within the scope of liability for damages, it is identical to each corresponding item of the annexed Schedule of Calculation of Compensation, and the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but the last month.

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