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(영문) 서울중앙지방법원 2021.01.20 2019가단5037345
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 204,320,158, Plaintiff B, and C respectively, KRW 133,880,105 and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) E, around 11:29 on October 21, 2018, driven by the Defendant’s vehicle(s) and proceeded beyond the median line in order to overtake the previous vehicle while driving the Defendant’s vehicle(s) with one lane 42 of the national highway F in front of Pyeongtaek-gun in Gangwon-do, as shown in the attached field drawings, in order to overtake the front vehicle, as in the cross-section, as in the attached field drawings. On the other hand, E, while driving in the same direction at the time in the same speed as the Mamad, went beyond the median line in order to overtake the front vehicle and the preceding Defendant vehicle.

G Driving brought down the right side of the Defendant’s vehicle into the fences after the left side of the Defendant’s vehicle (hereinafter “instant accident”). (2) G caused death due to the instant accident, such as the decline in brain functions caused by low-carbon cerebral cerebral cerebral Bribery on October 21, 2018.

(3) The Plaintiffs jointly inherited the Deceased’s wife and children, and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with the Defendant’s vehicle.

[Grounds for recognition] Unsatisfy, Gap 1-6, Gap 8's each entry and video, the purport of the whole pleadings

B. According to the facts of recognition of liability, 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 vehicle.

(c)

However, according to the above facts and the evidence as seen earlier, the instant accident appears to be an accident of collision between the Defendant and the Defendant’s vehicle, who was driven at the rear side of the real line, and the Defendant’s vehicle, etc., which had been driven by the Defendant’s vehicle in front of the front line, in order to overtake the vehicle in front of the front line. However, without sufficiently examining the traffic situation of the front line, the Deceased attempted to overtake the three preceding vehicles, including the Defendant’s vehicle by overcoming the center line, without any sufficient consideration. Such errors by the Defendant’s above are caused by the occurrence of the instant accident or the expansion of damage.

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