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(영문) 서울남부지방법원 2019.07.24 2018가단265496
손해배상(자)
Text

1. The Defendant: (a) KRW 88,923,549 for Plaintiff A; and (b) KRW 87,423,549 for Plaintiff B; and (c) from May 3, 2018 to July 3, 2019 for each of them.

Reasons

1. Occurrence of liability for damages;

A. At the end of May 3, 2018, D = 19:25, May 3, 2018, D = 5-lanes in front of the F in Sejong City E, G E, hereinafter “Defendant vehicle”).

2) On the other hand, while driving a bicycle and driving a bicycle at a speed of 79 km/h in speed, in violation of the speed limit at the speed of 50 km/h at the speed of speed while driving the bicycle crossing at the speed of 79 km in the face of Daejeon and driving it along three-lanes in the face of Daejeon, in violation of the traffic signal in front of the direction, depending on the bicycle crossing road in front of the direction, depending on the fault that does not properly examine the front side and the left side, H is shocked as a motor vehicle accident report (hereinafter referred to as “instant accident”).

(2) On May 4, 2018, H died on May 4, 2018, the Defendant is an insurer who entered into an automobile insurance contract with respect to the Defendant vehicle, and the inheritor of the Deceased is the father A and the mother of the Deceased B.

[Ground of recognition] Facts without dispute, Gap 1 to 6, Eul 1, 3, and 4 (including the number of each branch; hereinafter the same shall apply), each of Eul 2, 5 video, and the purport of the whole pleadings

B. According to the above recognition 1), the defendant, the insurer of the defendant vehicle, is liable for damages suffered by the deceased and the plaintiffs who are their bereaved family members. 2) The defendant asserts that the accident of this case occurred due to the plaintiff's negligence on boarding the bicycle and crossing the crosswalk signal, and that the driver of the defendant vehicle could not expect the plaintiff's unauthorized crossing, and that even if the driver of the defendant vehicle complies with the speed limit, there was no negligence on the part of the plaintiff, even if the driver of the defendant vehicle could not avoid the accident of this case.

The main sentence of Article 3 of the Guarantee of Automobile Accident Compensation Act shall be stipulated as “a person who operates an automobile for his own sake shall be liable for the damages when he has killed or injured another person due to the operation thereof.”

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