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(영문) 서울중앙지방법원 2020.06.11 2019가단5273653
손해배상(자)
Text

1. The Defendant: (a) against Plaintiff A, KRW 68,029,619, KRW 41,353,079, and each of the said money to Plaintiff B, and KRW 41,353,079, respectively, on February 9, 2019.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) E is the Fcar on February 13, 2019:03 (hereinafter “Defendant vehicle”).

(B) Despite the fact that he was a red signal for the direction of the passage at the front of GJ in the case of Kimhae-si, he had the front part of H driving, which entered the right side of the Defendant’s vehicle to the right side of the intersection in accordance with the direction of the passage from the right side of the Defendant’s vehicle, shocked the front part of H driving with the front front gate of the Defendant’s vehicle (hereinafter “instant accident”).

2) On February 15, 2019, H died on February 15, 2019 while treating the injury caused by the instant accident.

(3) The Defendant is an insurer who has concluded a comprehensive automobile insurance contract against the Defendant’s vehicle. (4) The Plaintiff is the deceased’s spouse, and the Plaintiff B and C are the deceased’s children.

[Ground of recognition] The fact that there is no dispute, each entry or video of Gap's 1 through 6, 13 (including paper numbers), and the purport of whole pleading

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

C. The Defendant asserts that, in light of the body part of the deceased’s injury, the deceased did not wear a safety mother at the time of the accident, or did not wear an incomplete wear a safety mother at the time of the accident, the Defendant’s fault should be considered in calculating the amount of damages to be compensated. However, it cannot be said that the deceased did not wear a safety mother at the time of the accident on the sole basis of the circumstance or evidence submitted by the Defendant, and there is no other supporting evidence, and thus, the Defendant’s assertion on

2. Except as otherwise stated below within the scope of liability, each of the attached damages calculation table shall be applicable.

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