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(영문) 서울중앙지방법원 2019.03.22 2018가단5066636
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 236,851,100, Plaintiff B’s KRW 232,351,100, and each of the said money, the Defendant began on September 13, 2017.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) D is a bus E around 06:10 on September 13, 2017 (hereinafter “Defendant vehicle”).

() When driving his/her vehicle and driving his/her vehicle Kimpo-si Kimpo-si, 5-ro 386 “Mondo Saman Saman Saman Saman Saman Saman Saz in G located in F by moving the road at a speed of approximately 10-20 km per hour from G room to marri, he/she is installed on the front door, and even though he/she had an occupational duty to safely drive according to traffic signals, etc., he/she was due to a failure in the course of his/her business, and even if the traffic signal apparatus was changed to a vehicle stop signal, he/she is deemed as a “the deceased”

) The bicycle rear wheels part of the Defendant’s bicycle riding part was received as the front part of the Defendant’s vehicle’s front right part (hereinafter “instant accident”).

2) As a result, the deceased died from the “J Hospital” located in Soyang-gu, Gyeyang-gu I on the same day at around 09:11, on the same day. 2) The Plaintiffs are the parents of the deceased, and the Defendant is the mutual aid business operator who entered into a motor vehicle mutual aid contract with respect to the Defendant vehicle.

[Ground of recognition] Facts without dispute, Gap's 1 to 3, 11 (including each number; hereinafter the same shall apply), Eul's 1 to 3, the purport of the whole pleadings

B. According to the above recognition of liability, the defendant is liable to compensate the plaintiffs who are the deceased and their bereaved family members as mutual aid business operators of the defendant vehicle for the damages caused by the accident in this case.

C. However, according to the above evidence and Gap evidence No. 12, the accident point of this case is a place where a crosswalk and a bicycle crossing are installed, and the deceased must cross the road using a bicycle crossing, and if a crosswalk is used, it is erroneous in entering the crosswalk by getting off the bicycle and walking the bicycle in accordance with Article 13-2(6) of the Road Traffic Act, even though they should walk the bicycle, and such error is erroneous.

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