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(영문) 제주지방법원 2016.04.08 2015가단51820
손해배상(자)
Text

1. The Defendant: (a) against Plaintiff A, KRW 143,302,025, KRW 93,868,016, and each of the said amounts to Plaintiff B and C, respectively.

Reasons

In fact, the defendant is an insurer who has concluded an insurance contract with D regarding the cargo vehicle (hereinafter referred to as “instant cargo vehicle”) which is owned by D and its owner.

D On August 29, 2014, around 19:05, while driving forward the G cafeteria in front of the G cafeteria in the Jeju City, from the long-distance to the private distance to the front farm, D was unable to find out H, which was left from the road to the left side, and caused the victim to receive treatment at the I Hospital on September 18, 2014.

Plaintiff

A is the husband of the deceased H (hereinafter referred to as “the deceased”), and the plaintiff B and C are the children of the deceased.

[Reasons for Recognition] In light of the above facts, Gap evidence Nos. 1 through 4, and the purport of the entire pleadings, the defendant is an insurer who concluded an insurance contract with D as to the cargo of this case, and is liable for damages suffered by the deceased and the plaintiffs due to the accident of this case.

As to whether or not to limit the liability for damages, the Defendant asserts that the instant accident was negligent in the occurrence of the instant accident and the Defendant’s liability should be limited in consideration of the fact that the instant accident was caused by negligence on the part of the Deceased, on the ground that the instant accident was caused by a signal light, and that, in particular, at the time of the instant accident, the vehicle was parked in the front time, and that the Deceased was in a situation where the vehicle was parked.

In full view of the evidence Nos. 1-1 through 15, No. 2-1, and the purport of the entire pleadings as a result of the examination by this court, the following circumstances are revealed.

The accident site of this case is an area where large-scale enterprises, such as land housing construction project head office, KT Jeju branch office, and KAL hotel, are concentrated, and traffic traffic volume and floating population are high.

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