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(영문) 서울중앙지방법원 2017.10.18 2017가단33528
손해배상(자)
Text

1. Defendant Hyundai Marine Fire Insurance Co., Ltd.: (a) KRW 25,784,443, Plaintiff B, C, and D respectively; and (b) KRW 11,856,295.

Reasons

1. Basic facts

A. On August 13, 2016, E driven a F Truck (hereinafter “Defendant vehicle”) around 14:05, and carried two-lane roads in front of H in the Hawyang-gun G in Chungcheongnamyang-gun G, in the direction of the yellow string signal from the lower string distance slope, and then temporarily suspended the red string signal from the right edge to the lower string distance, and the left-hand turn-hand turn-hand part of the Defendant vehicle operated by the Plaintiff A (hereinafter “Plaintiff vehicle”) with the front side of the Plaintiff vehicle.

(hereinafter “instant accident”). B.

In the instant accident, J died while on board the back seat of the Plaintiff’s vehicle.

(hereinafter referred to as “the deceased”).

C. The Plaintiff A’s spouse, Plaintiff B, C, and D are the deceased’s children.

The defendant Hyundai Sea concluded a comprehensive automobile insurance contract with the defendant vehicle, and the defendant Matz fire with respect to the plaintiff vehicle, and paid insurance money to the extent of KRW 30 million upon the death of his own physical accident. The deceased is also the insured.

[Reasons for Recognition] Unsatisfy, Gap 1 through 4, 7, 9 (including partial numbers), the purport of the whole pleadings

2. Claim against the Defendant Hyundai Sea

A. According to the above findings of recognition of liability, the defendant Hyundai Sea is liable for damages suffered by the deceased and the plaintiffs due to the instant accident.

B. According to the evidence before limitation of liability, ① the deceased and the driver A of the Plaintiff’s vehicle are married with the husband, ② the direction signal of the Plaintiff’s vehicle is red-fluoring signal, and the direction signal of the Defendant vehicle is yellow-fluoring signal, so the driving route of the Defendant vehicle is led by the Defendant vehicle and the driving route of the Plaintiff vehicle is in default, ③ the Plaintiff’s vehicle enters the intersection for left-hand turn after observing the temporary suspension signal, and ④ the shock part of the instant accident.

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