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(영문) 창원지방법원 통영지원 2018.09.04 2017가단24327
손해배상(자)
Text

1. The Defendant: (a) against Plaintiff A, the Plaintiff KRW 19,017,754; (b) against Plaintiff B, C, D, and E, KRW 10,147,736; and (c) against each said money.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) F around 19:40 on April 20, 2017, G G Grandroth (hereinafter “Defendant vehicle”)

2) On the front side of the Defendant’s vehicle, the Defendant’s front side of the instant road (hereinafter “the Defendant’s front side of the road”) was driven by the Defendant’s vehicle at a speed of approximately 41km per hour, while driving the road at a speed of about 41km in the front side of the Defendant’s front side, the Defendant’s front side of the instant road was driven by the Defendant’s front side of the road.

(3) On June 18, 2017, the Deceased died due to the instant accident (hereinafter “instant accident”). On June 18, 2017, the Plaintiff was the deceased’s wife, and the Plaintiff B, C, D, and E are the children of the Deceased, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract regarding the Defendant’s vehicle.

5) In relation to the instant accident, F was prosecuted for committing a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death). During that process, F paid KRW 30 million to the Plaintiffs, who are the bereaved family members of the Deceased as criminal agreement amount. 6) After the instant accident occurred, the Defendant paid KRW 38,323,450 to the Gagin Hospital, etc. as medical expenses of the Deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 7, 14, 17, Eul evidence 2 through 5, 10 through 12, the purport of the whole pleadings and arguments

B. According to the above fact of recognition of liability, the accident of this case was caused by the negligence of the driver of the defendant vehicle who violated the duty at the time of limited speed observance and front-time, so the defendant as the insurer of the defendant vehicle is liable to compensate the plaintiffs, who are the bereaved family members of the deceased and the deceased, for the damages caused by the accident

C. Limitation of liability, however, the road in which the accident of this case occurred is divided into vehicular road and delivery, and some branches.

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