logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.05.13 2015가단5373135
손해배상(자)
Text

1. As to Plaintiff A’s KRW 32,206,030, Plaintiff B, C, D, and E, respectively, and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) F is a vehicle of Gpoter around 14:10 on October 11, 2015 (hereinafter “Defendant vehicle”).

A) A driver of Sejong Special Self-Governing City passed the intersection of 62 Do-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (3.2m wide) from the e-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

(ii)The back part of the upper right side of the Ototoba driven by the deceased was shocked into the front part of the Defendant vehicle, resulting in the deceased's death due to a long-term damage to the deceased (hereinafter referred to as "the instant accident").

2) Plaintiff A is the deceased’s wife, and Plaintiff B, C, D, and E are the deceased’s children, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Reasons for Recognition] Unsatisfy, Gap 1-6, 10 evidence, the purport of the whole pleadings

B. According to the above facts of recognition of liability, the defendant is the insurer of the defendant vehicle, and is liable for the damages suffered by the plaintiffs, who are the deceased and their bereaved families.

C. However, the limitation of liability is limited, since the place where the accident in this case occurred is an intersection where traffic control is not performed, there is negligence in neglecting the duty to conduct an examination as to whether the deceased entered the intersection even though he/she entered the intersection, and whether there is a vehicle entering the intersection, and thus, the defendant's liability is limited to 90% in determining the scope of liability for damages.

Although the Defendant alleged that the Deceased did not wear a safety cap at the time of the instant accident, the evidence submitted by the Defendant alone is insufficient to recognize it.

arrow