(영문) 서울중앙지방법원 2019.01.31 2017가단5135375

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자간(%)

(영문) 서울중앙지방법원 2019.01.31 2017가단5135375

손해배상(자)

Text

1. The Defendant’s KRW 152,184,11 per annum against each of the Plaintiffs and 5% per annum from May 30, 2015 to January 31, 2019.

Reasons

1. Occurrence of liability for damages;

A. 1) D D D D D D D dump trucks around 03:09 on May 29, 2015 (hereinafter “Defendant vehicle”).

) A driver’s license, driving, and entering the e-mail of a literature-type intersection in the e-mail-Eup/Gu in Gwangju City, into the e-mail-section from the e-mail to the e-mail (hereinafter “Plaintiff’s e-mail”) and driving the said intersection to the right side surface from the left side of the Defendant’s vehicle driving direction, and driving the G X-Efababa 125cpia (hereinafter “Plaintiff’s e-mail”).

) The right part of the Defendant’s vehicle was shocked into the front part of the Defendant’s vehicle (hereinafter “instant accident”).

2) The instant accident led to the death of Plaintiff Oral Haba, etc., resulting in the death of Plaintiff Oral Haba, while receiving treatment by suffering from injury, such as an injury caused by crymal depression.

(hereinafter referred to as “H. 3”) The Plaintiffs are the parents of the Deceased, and the Defendant is the insurer who has concluded the automobile comprehensive insurance contract against the Defendant’s vehicle. 【The ground for recognition” The fact that there is no dispute, Nos. 1 and 2, and No. 1 (each entry, including the numbers, and the purport of the whole pleadings)

B. According to the above findings of 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 the insurer of the Defendant’s vehicle, barring special circumstances.

C. The limitation of liability, however, according to each of the above evidence, it is recognized that the deceased without a driver's license, without permission, left the Plaintiff A's Obane, his father without his driver's license, and the deceased was friendly F without a driver's license, and the deceased did not wear the safety mother. Accordingly, the defendant's liability is limited to 55% in calculating the amount of damages that the defendant is liable for such mistake.

2. It shall be in addition to the matters stated separately below the scope of liability for damages.

유사 판례

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-서울중앙지방법원 2018.01.31 2017가단5078717

-서울중앙지방법원 2019.1.31. 선고 2017가단5135375 판결

-서울중앙지방법원 2018.08.10 2016가단5285242