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(영문) 서울중앙지방법원 2015.11.18 2014가단5043666
손해배상(자)
Text

1. The Defendant: (a) KRW 11,795,310, respectively, to Plaintiff B, KRW 19,192,965, and Plaintiff C and Plaintiff D on September 24, 2012.

Reasons

1. Occurrence of liability for damages;

A. Around 08:30 on September 24, 2012, the deceased A (hereinafter referred to as the “the Deceased”) went straight in the direction of the office building on the three-lane road in front of the original city-Sin-si Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong and the bicycle lane installed Naly, in the direction of the office building, and suffered injury, such as death, due to the middle part of the right side of the E-si (hereinafter referred to as the “A-si”) entering the said three-lane road on the one-lane road from the original agricultural parking lot and the two-lane of the bicycle.

(hereinafter referred to as the "accident of this case").

On July 18, 2015, the Deceased died due to a sudden suspension due to the acute malutism, and the Plaintiffs are the bereaved family members of the Deceased.

C. The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to a household-going vehicle.

The accident of this case occurred when the driver of the household has entered the road from the road to the road, and in violation of the duty to conduct safe driving, and thus, the defendant is liable to compensate the plaintiffs for the damage caused by the accident of this case.

[Ground of recognition] Each description of Gap evidence Nos. 1, 23, 9 and Eul evidence Nos. 1 (including branch numbers; hereinafter the same shall apply), video, and the purport of the whole pleading

2. Determination of the Defendant’s assertion of discharge and limitation of liability

A. The defendant asserts that the defendant should be exempted from liability on the ground that the accident of this case occurred due to one's negligence in violation of the duty, even though the deceased should stop once he takes a bicycle or crosses the roadway, and crosses the roadway.

However, as seen earlier, although the driver of the defendant vehicle has a duty to safely enter by taking into account the situation of the three-lanes and bicycle lanes installed in small roads, it is a violation of such duty.

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