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(영문) 제주지방법원 2019.01.14 2017가단50586
손해배상(자)
Text

1. The defendant and each of the above costs of KRW 81,293,605, KRW 51,195,737, and KRW 3,00,000 to the plaintiff Eul, respectively.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 02:42 on December 29, 2016, the F driven a G cab (hereinafter “Defendant vehicle”) and driven the three-lane road in the Do of the Do in the Do of the Do of the Do of the Do of the Do of the Gu Tax of the Do of the Gu Tax of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Do of the Republic of Korea at the Do of the Do of the Do of the Do of the Republic of Korea at the Do of the Do of the Do of the Do of the

(hereinafter “instant accident”). (2) The Plaintiff’s wife, Plaintiff B, and C of H (hereinafter “the deceased”), and Plaintiff D are the mother of the deceased, and the Defendant is a mutual aid business entity who entered into a mutual aid agreement with respect to the Defendant’s vehicle.

B. According to the above fact of recognition of liability, since the accident of this case occurred due to the violation of F's duty of care in front of week, the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case as the mutual aid business operator of the defendant vehicle

C. However, according to the above facts and the evidence revealed earlier, the time when the accident in this case occurred is night, and the accident site is located less than about 10 meters away from the crosswalk installed through the intersection by the Defendant, and the four-lane is narrow to three-lanes. At the time, the Deceased was found to have opened without permission by suffering from the upper part of the line at the time.

The deceased’s mistake is deemed to have caused the occurrence of the instant accident and the expansion of damages, and thus, the Defendant’s liability is limited to 40% by regarding the deceased’s negligence as 60%.

[Ground of recognition] Facts without dispute, Gap 1-3, 9-17 evidence (including paper numbers; hereinafter the same shall apply), Eul 1, 2, and 5 evidence, video, and the purport of the whole pleadings

2. In addition to the matters stated below within the scope of damages, it shall be the same as each corresponding item in the separate list of damages calculation, and shall be for the convenience of calculation.

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