(영문) 서울중앙지방법원 2018.10.17 2017가단5188430

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(영문) 서울중앙지방법원 2018.10.17 2017가단5188430

손해배상(자)

Text

1. The Defendant (Counterclaim Plaintiff) KRW 48,469,604, respectively, and each of them against the Plaintiff (Counterclaim Defendant) from May 30, 2017 to May 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. Facts of recognition 1) D means, around 18:07 May 28, 2017, E Oba (hereinafter “Plaintiff Oba”) (hereinafter “Plaintiff”).

) A G Driving’s H Driving that changes the course from the two lanes to the one-lane while driving a two-lane between the four-lanes near the Seoul Special Metropolitan City FF and driving a two-lane to the military intersection, and changing the course from the two-lane to the one-lane (hereinafter “Defendant Driving”).

2) The accident of this case (hereinafter “the accident of this case”) was discovered and led to the left-hand side of this case.

2) On May 30, 2017, D (hereinafter “the deceased”) died due to the instant accident.

3) The Plaintiffs 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. 4) The Defendant paid KRW 6,390,200 to the deceased’s medical expenses.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 6 (including paper numbers), the purport of the whole pleadings

B. According to the above recognition 1), as the deceased died due to the operation of the Defendant vehicle, the Defendant, as the insurer of the Defendant vehicle, is liable to compensate the deceased and the plaintiffs for the damages suffered by the deceased, barring any special circumstance. 2), the Defendant asserts that the instant accident was solely caused by the negligence of the deceased, and that the Defendant’s driver of the Defendant vehicle should be exempted from liability, as there was no negligence on the part of the deceased, on the part of the deceased, even though the Defendant’s prior vehicle was in the process of the deceased’s overwork, and the previous vehicle was entered the same as the first vehicle in the middle of his course

The driver of any motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her route (Article 19 (3) of the Road Traffic Act) and all other motor vehicles.

참조조문

-도로교통법 제19조 제3항

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