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(영문) 서울중앙지방법원 2019.09.27 2017가단5167945
손해배상(자)
Text

1. As to the Plaintiff B’s KRW 32,809,598, Plaintiff C, D, and E respectively, KRW 19,039,732 and each of the said money on November 18, 2016.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) G is HK5 taxis around 04:40 on November 18, 2016 (hereinafter “Defendant”)

) In operating a vehicle, and proceeding 7 lanes in front of the exit 388, Gangnam-gu, Gangnam-gu, Seoul, as Gangnam-gu, along the four-lanes of the Jin apartment distance from the Gangnam-gu, Gangnam-gu, to the Jinsung apartment distance protection area, due to negligence that neglected the duty of Jeonju City, while neglecting the duty of Jeonju City along the four-lanes of the speed four-lanes, the left turn to the left from the emuls of the emuls of the emuls of the emuls of the emuls of the A driver who was preceding the same lane (hereinafter “Plaintiff”)

2) The lower part of the Defendant vehicle was shocked with the front part of the Defendant vehicle (hereinafter referred to as “instant accident”).

(2) Due to the instant accident, A died on October 14, 2018, while receiving hospitalized treatment by suffering from injury, such as traumaed propopacy, etc.

(3) On August 31, 2017, the Deceased filed the instant lawsuit against the Defendant seeking damages for the instant accident. On October 14, 2018, the Plaintiffs, the inheritor, following the Deceased’s death, taken over the legal proceedings of the Deceased. (4) The Plaintiff B is the deceased’s spouse, the rest of the Plaintiffs are the deceased’s children, and the Defendant is a mutual aid business entity that made a mutual aid agreement with the Defendant.

【Ground of recognition】 The fact that there has been no dispute, Gap 2, 8, 12, 13, and 15 (including Serial number; hereinafter the same shall apply)'s entries and the purport of the whole pleadings

B. According to the above recognition of liability, as the deceased died due to the operation of the Defendant’s vehicle, the Defendant, who is a mutual aid business entity, is liable to compensate the deceased and the plaintiffs for damages caused by the instant accident, barring special circumstances.

C. Limit of liability: (a) comprehensively taking account of the overall purport of the pleadings as indicated in the Evidence Nos. 1, 8, and 5, the Plaintiff’s vehicle includes the Defendant’s vehicle at the time of entering the intersection by making the left turn.

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