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(영문) 서울중앙지방법원 2018.01.10 2016가단5029282
손해배상(자)
Text

1. The Defendant: (a) KRW 89,137,601 for each of the Plaintiffs; and (b) 5% per annum from October 18, 2015 to January 10, 2018; and (c)

Reasons

1. Occurrence of liability for damages;

A. 1) On October 18, 2015, C is under the influence of 0.181% of blood alcohol concentration without a driver’s license on October 23:17, 2015 (hereinafter “Defendant’s vehicle”). C is a rocketing car under the influence of alcohol concentration of 0.181%.

) The F plant front of the F plant in E was driven by using a vehicle in the south by using it at night. Since it was a road bended by Hyundai Motor Research Institute at night, a person engaged in driving service has a duty of care to ensure safe operation by accurately operating the steering direction and operating the steering system of the vehicle. Nevertheless, under the influence of alcohol, C neglected to do so while driving the vehicle while driving the vehicle in front of the Defendant vehicle without being able to breathing, and driving the vehicle at a speed of about one meter away from the front and rear seat of the vehicle, thereby moving the vehicle by moving the vehicle at a speed of about one meter away from the front and rear seat of the Defendant vehicle. As such, C’s spouse was unable to drive the vehicle in a state of normal influence of drinking, thereby causing the death of the deceased’s spouse at the time of his death (hereinafter “the deceased’s death”).

3) The Defendant is an insurer which has entered into an automobile comprehensive insurance contract with the Defendant’s vehicle (the fact that there is no dispute over grounds for recognition, the entries in Gap’s 1, 2, and 3, and Eul’s 1 to 3, and the purport of the whole pleadings

B. According to the recognition of liability and the recognition of the limitation, the Defendant is liable to compensate the Plaintiffs, the sole heir of the deceased, for the damages suffered by the deceased due to the instant accident.

However, according to the statements in the evidence Nos. 6 through 8 on the grounds of the recognition mentioned above, C is a workplace partner.

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