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(영문) 서울중앙지방법원 2017.04.19 2016가단5000526
손해배상(자)
Text

1. The Defendant: KRW 63,969,898; KRW 61,269,898; KRW 61,269,898; and KRW 61,269,898 to Plaintiff C; and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) D around September 21, 2015, 2015, D is the EJM vehicle (hereinafter “Defendant vehicle”).

A) A driver of a motor vehicle had a duty of care to ensure that the driver of a motor vehicle is obliged to take an accident in advance by driving his/her motor vehicle along the two-lane road in front of G food located in the Simsan City along the direction from the Yong-Namnam University. At night, and at night, it is a section of 80 kilometers per hour at the speed of restriction. Nevertheless, D neglected to take care of the foregoing, while driving the motor vehicle at a speed exceeding 20 km at a speed of 105 km per hour, while driving the motor vehicle at the speed of 105 km, and driving the motor vehicle in front of the defendant. Ultimately, D was responsible for the above occupational negligence to cause the death of H on Sep. 22, 2015 at the Im Hospital during the process of emergency treatment (hereinafter “the instant accident”).

2) The Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant vehicle.

3) The Plaintiffs are siblings of the Deceased. At the time of the instant accident, there was no spouse, child, or lineal ascendant with respect to the Deceased. Accordingly, the Plaintiffs are legal successors of the Deceased. [The grounds for recognition] The Plaintiffs include the following numbers: (a) the fact that there is no dispute, and (b) Nos. 1, 2, 4, 8 through 10, and 22 through 30

hereinafter the same shall apply.

evidence 33, Eul evidence 2, each of the statements or images of evidence 2, the purport of the whole pleadings

B. Accordingly, according to the recognition and limitation of liability, the defendant is liable to compensate the plaintiffs, who are the bereaved family members of the deceased and the deceased, for damages caused by tort pursuant to Article 3 of the Guarantee of Automobile

However, according to the above recognized evidence, it can be identified at night, such as luminous reflectors, etc., at the rear side of the horse operated by the deceased.

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