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(영문) 서울중앙지방법원 2018.11.15 2017가단5116282
손해배상(자)
Text

1. The Defendant: 190,215,870 won to Plaintiff A; 126,810,580 won to Plaintiff B; and 3.5 million won to Plaintiff C; 3.5 million won to Plaintiff D, E, F.

Reasons

1. Occurrence of liability for damages;

A. 1) At around 23:50 on January 25, 2017, I is the Defendant’s vehicle (hereinafter “Defendant’s vehicle”).

) While driving a vehicle and driving a road of four-lanes in front of the Lriju station in Pyeongtaek-si K along a speed of about 88 km along a speed of 1:0 square meters in front of the Lriju station, M, which was filled by a pedestrian red signal from the right side of the running direction of the Defendant vehicle, was placed on the left side of the Defendant vehicle as the front side of the Defendant vehicle (hereinafter referred to as “instant accident”).

(2) The instant accident died due to brain damage, etc.

(3) The Plaintiff is the deceased’s spouse, the Plaintiff’s heir as the deceased’s children, and the Plaintiff C and D are the deceased’s parents, the Plaintiff’s siblings, the Plaintiff F and G are the deceased’s head, and the Defendant is the insurer who has concluded the automobile insurance contract for the Defendant’s vehicle. The Defendant is the insurer who has concluded the automobile insurance contract for the Defendant’s vehicle. The Plaintiff is the Plaintiff’s spouse, the Plaintiff’s heir as the deceased’s children. The Plaintiff C and D are the deceased’s parents, the Plaintiff’s head, the deceased’s head, and the head, and the Defendant is the insurer who has concluded the automobile insurance contract for the Defendant.

(2) Each video, significant facts, and the purport of the whole pleading of evidence No. 39

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 is limited, however, because the deceased was negligent in crossing the eight-lane road to pedestrian red signal, such circumstance should be taken into account in calculating the amount of damages that the defendant would compensate for, but considering that the driver of the vehicle is running at a speed of about 70 km per hour at night by speed of about 88 km, the deceased's negligence shall be deemed 50% and the defendant's responsibility shall be limited to 50%.

2. The scope of liability for damages is the same as each corresponding item of the attached Table 1 for calculating the amount of damages, except as otherwise stated below.

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