logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.26 2020가단5075978
손해배상(자)
Text

1. The Defendant: KRW 37,110,528; KRW 29,573,685; KRW 25,073,685; KRW 25,073,685; and each of the above.

Reasons

1. Occurrence of liability for damages;

A. Fact-finding 1) F is the G Cargo Vehicle around 16:10 on December 18, 2019 (hereinafter “Defendant Vehicle”).

(B) When driving a vehicle and making a left turn at the three-lanes from the 135-lanes under the 135-lanes under the 135-lane Aamam in Michuhol-gu Incheon, the H driver’s bicycle prior to the right side of the Defendant vehicle was shocked into the part front of the Defendant’s vehicle’s right part, and the H was assigned to the front right side (hereinafter “instant accident”).

2) The instant accident led to the death of H as a cardiopulmonary suspension due to pressure pressure drums, blood and acute brain death, cardiopulmonary and respiratory part.

(3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant vehicle. (4) The Plaintiff is the deceased’s spouse, and the Plaintiff B, C, and D are the deceased’s children.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, 10 evidence, Eul's 1 through 3 (including additional numbers), the purport of the whole pleadings and arguments

B. According to the above recognition of liability, as the deceased died due to the operation of the Defendant’s vehicle, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as a mutual aid business operator of the Defendant’s vehicle, barring special circumstances.

C. The limitation of liability, however, where the deceased drives a bicycle on the road, he was negligent in neglecting the operation by taking into account the degree of the progress of the surrounding vehicle or its surrounding condition, and contributed to the occurrence of the instant accident and the expansion of the damage. As such, it shall be taken into account in calculating the amount of damages to be compensated by the defendant, but the bicycle of the deceased was left left at the edge of the road, taking into account the fact that the deceased's bicycle was left left at 10% after the shock, and the defendant's liability is limited to 90%.

2...

arrow