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(영문) 수원지방법원 2015.10.02 2014가단526829
손해배상(자)
Text

1. The Defendant: (a) KRW 342,66,00 for Plaintiff A; and (b) KRW 222,44,00 for Plaintiff B; and (c) for each of them, from July 8, 2014 to July 2015.

Reasons

1. Occurrence of liability for damages;

A. (i) On July 8, 2014, C driving a DK5 car (hereinafter “instant vehicle”) under the influence of alcohol 0.254% of blood alcohol level around 22:50 on July 8, 2014, and driving a two-lane road in front of the Friju station E in Suwon-gu, Suwon-si, Suwon-si, along the two-lane road from G room to the local heating construction site.

She at the time of Sheshed, there was a duty of care to safely drive the vehicle in order to prevent accidents in advance by reducing speed to the person engaged in the vehicle driving at night, keeping the front door and left door well, securing safety distance with the vehicle in front.

Secondly, while neglecting the duty of care of the above Sheet, C was negligent in driving under the influence of liquor while normal operation is difficult, and C did not discover the H driver’s bicycle that was driven on the front side of the instant vehicle and received the rear part of the said bicycle in front of the right part of the instant vehicle.

(hereinafter referred to as “the instant accident”). The instant accident refers to a person who suffered injuries, such as blood uniforms, etc., and died by low blood dose shock on the following day.

(v) Plaintiff A is the spouse of H, Plaintiff B is the child of H, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract with respect to the instant vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 9, Eul evidence Nos. 1-3 (including branch numbers, if any) and the purport of the whole pleadings]

B. According to the above facts of recognition, the defendant is liable for damages suffered by H and the plaintiffs due to the insurer who entered into a comprehensive automobile insurance contract with respect to the instant vehicle.

C. However, in full view of the circumstances surrounding the accident as seen earlier, H’s mistake of the bicycle on the road without taking any particular safety measures at night and recognized the occurrence of the instant accident.

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