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(영문) 서울중앙지방법원 2015.01.09 2014가단5268281
손해배상(자)
Text

1. The Defendant: (a) against Plaintiff A, KRW 31,964,220, KRW 266,60 for each of the said money and KRW 26,66,600 for each of the said money.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 07:15 on May 31, 2014, D driven a vehicle E (hereinafter referred to as “Defendant vehicle”) and pushed the above deceased who walked the crosswalk installed on the above road to the port from the right side of the Defendant’s running side while driving the road in front of the network G’s house located in the Gyeongnam-gun, Gyeongnam-gun, on the right side of the mari-gun. As a result, the deceased died on the same day due to a diversified ductal aggregate, etc.

(2) The Plaintiffs are the deceased’s children, and the Defendant is the insurer who concluded the comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, and 6 (including additional numbers), the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs, who are the deceased and their bereaved family members.

C. The Defendant asserts that the instant accident occurred in the crosswalk, and that the Deceased was erroneous in crossing the vehicle without sufficiently examining the passage of the vehicle.

However, according to the above evidence, the accident of this case is crossing the crosswalk in front of the deceased's home.

In addition, unless there is any other evidence that the deceased could have predicted the progress of the vehicle, the negligence of the deceased cannot be recognized solely on the ground of the occurrence of the accident.

In the end, the above argument by the defendant is without merit, and there is no reason to limit the defendant's liability by recognizing the deceased's negligence.

2. Scope of liability for damages

(a) Funeral expenses: 5,000,000 won (Plaintiff A expenditure); and

(b) 297,620 won which is recognized by the evidence of subparagraph 4, such as spathy treatment expenses, etc. (no dispute over that received by the plaintiff A);

C. (1) Reasons for consolation money: All the arguments in the instant case, including the developments of the instant case, the deceased’s age and degree of negligence, and the personal relationship with the Plaintiffs.

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