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(영문) 서울중앙지방법원 2020.05.28 2020가단5001908
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 170,907,901, Plaintiff B, and C, respectively, and each of the said money, July 22, 2019.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) E is a F Passenger Vehicle around 20:00 on July 22, 2019 (hereinafter “Defendant Vehicle”).

(i)A G passenger vehicle (hereinafter referred to as “Plaintiff vehicle”) which has been stopped on the front side of the same lane while driving in the Geum-si, Geum-si, the 102.8 km (on the side intersection) of the 102.8 km (on the other side of the Seoul Metropolitan Area) along the two-lanes of the Do.

(B) In order to tow the Plaintiff’s vehicle, H Cargo Vehicle, which was parked, and the Plaintiff’s vehicle driver, who was towing on the rear side of the said vehicle, and I and the article of the said cargo vehicle, were shocked with the front part of the Defendant’s vehicle (hereinafter “instant accident”).

2) As a result of the instant accident, I died due to the cardiopulmonary breakdown damage.

(hereinafter “I”) The Defendant is an insurer who entered into a comprehensive automobile insurance contract against the Defendant vehicle. (4) The Plaintiff is the deceased’s spouse, and the Plaintiff B and C are the deceased’s children.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 4, 9 through 21, Eul’s 1, 2, and 6(including virtual numbers), the purport of the whole pleadings and arguments

B. According to the above recognition of liability, as the deceased died due to the operation of the Defendant vehicle, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as the insurer of the Defendant vehicle, barring special circumstances.

C. In such a case, the driver, etc. should avoid the accident to a safe place beyond the location of the accident, but the accident of this case occurred while the deceased was loaded on the road for towing of the plaintiff. Since the error of the deceased contributed to the occurrence of the accident of this case and the expansion of the damage, it shall be considered in calculating the amount of damages that the defendant shall compensate for.

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