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(영문) 부산지방법원 2016.07.14 2015가단241132
손해배상(자)
Text

1. The Defendant: KRW 131,581,696 for the Plaintiff and KRW 5% per annum from July 25, 2015 to July 14, 2016.

Reasons

1. Facts of recognition;

A. At around 02:42 on July 25, 2015, B driven a B B B B B B B Soasi (hereinafter referred to as “Arri vehicle”) and caused the Deceased to die on the left side of the B B so as to make the part of the network D (hereinafter referred to as “the network seal”) which crossed down without permission from the left side of the direction of the proceeding to the right side, while driving the road in front of the C Sobasi building at the center of Busan City, Busan City, along with a written intersection-section from the surface of the Bluan square, in accordance with new subparagraph, at the right side of the B B.

(hereinafter referred to as the “instant traffic accident”) B.

The deceased’s heir is the mother of the Plaintiff and the father, E (the plaintiff in this Court 2015dan241590). The defendant is the mutual aid business operator of the sea vehicle.

C. The speed of the instant accident site is 60 km per hour, while B was involved in the accident at a speed of 96 km per hour at the time of the accident, and B was the time of the occurrence of the accident and the prosecution for the instant traffic accident was suspended for criminal conciliation.

[Ground of recognition] Facts without dispute, Gap's 1 through 4, Eul's entries and videos (including branch numbers in case of additional numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Occurrence of liability for damages;

A. According to the above recognition of liability and the above evidence, the traffic accident in this case is deemed to have caused the negligence of driving a harming vehicle by setting the maximum speed of B beyond 60%, and thus, the Defendant is liable to compensate the Plaintiff, who is the deceased and his family members, due to the traffic accident in this case, as the mutual aid business operator of a harming vehicle, unless there are special circumstances.

B. Limit of liability, however, it is recognized that the deceased was at fault of crossinging the road from the 8th line to the crosswalk, instead of the crosswalk, during the night hours without permission, and that such negligence also caused the occurrence of the instant traffic accident and the expansion of damages.

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