(영문) 창원지방법원진주지원 2016.01.29 2015가단33010

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(영문) 창원지방법원진주지원 2016.01.29 2015가단33010

손해배상(자)

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1. As to each of the Plaintiffs’ KRW 100,702,840 and each of the said money, the Defendant shall pay to the Plaintiffs the year from May 4, 2015 to January 29, 2016.

Reasons

1. Facts of recognition;

A. 1 Status of the Parties is 1) Net C (Death on April 22, 2015, and hereinafter referred to as the Deceased)

In light of the foregoing, Plaintiff A is the father, Plaintiff B is the mother of the deceased, and the inheritance shares are 1/2 of the deceased’s co-inheritors, respectively. 2) The Defendant is an insurer who entered into an automobile comprehensive insurance contract on the E-car quantity (hereinafter “instant accident vehicle”).

B. On April 22, 2015, around 18:30, when the occurrence of a traffic accident occurred, D neglected to turn to the left the left at the front door of the apartment complex as the front door of the apartment complex located in Jinju-si on the same apartment complex as the rear door of the apartment complex, and caused the death of the deceased at around 20:45 on April 22, 2015, by failing to discover the deceased who was seated on the front door of the course of the instant accident vehicle, and continuing without discovering him/her on the front door of the course of the instant accident vehicle.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence Nos. 1 through 4, 10, 11-1 through 5, Eul evidence Nos. 11-1, and the purport of the whole pleadings.

2. Establishment of liability for damages;

A. According to the above recognition of the liability for damages, the deceased's negligence caused the death of the deceased due to the traffic accident in this case caused by the negligence of the deceased's failure to perform his duty in the front city. Thus, the defendant is the insurer of the vehicle involved in the accident in this case and is liable to compensate the deceased's and the plaintiffs

B. The fact-finding or determination of the ratio of comparative negligence in a claim for damages compensation for limited tort belongs to the exclusive right of fact-finding as long as it is not deemed to be remarkably unreasonable in light of the principle of equity, and the fault of the tortfeasor in a tort is the strong negligence of breach of duty, and is against the fault of the victim.

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