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(영문) 서울중앙지방법원 2019.11.28 2018가단5220058
손해배상(자)
Text

1.(a)

Defendant D Co., Ltd. shall pay to Plaintiff A KRW 64,285,714, and KRW 41,784,404 and each of the said money to Plaintiff B and C.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant E is a vehicle with G solid freight under the influence of alcohol of 0.264% without obtaining a driver’s license on July 21, 2018 (hereinafter “Defendant vehicle”).

(A) While driving a vehicle and driving a road in front of the International Association Ethmba in Seo-gu Incheon, the J, which passed the crosswalk on the crosswalk red signal, was shocked with the front part of the Defendant vehicle (hereinafter “instant accident”).

2) On the ground of the instant accident, J died of low blood transfusion shocks, etc.

(hereinafter “J”) Defendant D Co., Ltd. (hereinafter “Defendant D Co., Ltd”)

(4) The plaintiff A is the deceased's spouse, and the plaintiff B and C are the children of the deceased.

[Ground of recognition] The fact that there is no dispute, entry of Gap 1 through 4, and 7 (including paper numbers), and the fact-finding result of the fact-finding on the subordinate market of this court, the purport of all pleadings

B. According to the above recognition of liability, as the deceased died due to the operation of the Defendant vehicle, the Defendant Company as the insurer of the Defendant vehicle, barring special circumstances, and the Defendant E as the driver of the Defendant vehicle, and the Defendant F as the operator of the Defendant vehicle, who is the owner of the Defendant vehicle, is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident

C. However, the limitation of liability is limited, in the case where the decedent, as the deceased, passed the crosswalk, even though they should have followed the signal, he erred by passing the crosswalk on the pedestrian color signal, and contributed to the occurrence of the instant accident and the expansion of the damage, so such error shall be considered in calculating the amount of damages to be compensated by the Defendants, but it shall also be considered in light of the situation of driving by the Defendant E beyond the restricted speed under the influence of license and drinking without permission.

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