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(영문) 서울중앙지방법원 2020.02.06 2018나80768
손해배상(자)
Text

1. According to the plaintiffs' lawsuit acceptance system, the first instance court, including the plaintiffs' claims added and reduced in the trial.

Reasons

1. Occurrence of liability for damages;

A. On September 21, 2013, on September 21, 2013, C driving a vehicle E (hereinafter “Defendant”) at the two-lanes of the two-lanes in front of the Damo-gun Damo-gun, Chungcheong the front line’s bicycle rear wheels part of the front line A’s bicycle driving with the front part of the left part, and caused injury to A, such as sea water damage and scarma.

(hereinafter “instant accident”). The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant’s vehicle.

A filed the instant lawsuit while receiving hospitalized treatment after the instant accident, and died around November 26, 2019 while the judgment of the court below was pronounced and the Defendant’s appeal was pending in the trial.

Plaintiff

J, as the deceased’s spouse, Plaintiff K, and L respectively, succeeded to the deceased’s respective inheritance as their children, and taken over the instant lawsuit that the deceased filed against the Defendant.

[Ground of recognition] The non-contentious facts, Gap evidence 8-1, Gap evidence 11-1, 2, Gap evidence 19, 20, and 21, and the purport of the whole pleadings

B. According to the above recognition of liability, the deceased died from the injury caused by the operation of the defendant vehicle, barring special circumstances, the defendant is liable to compensate the deceased and the plaintiffs for the damage caused by the accident in this case as a mutual aid business operator of the defendant vehicle.

C. Limit of liability: (a) the Deceased neglected his duty of care to ensure his own safety by driving a road running up to two-lanes as bicycles at night, avoiding the following vehicles, and driving at the edge of the road; and (b) such negligence is deemed to have caused the occurrence of the instant accident and the expansion of damages; (c) therefore, the Defendant’s liability is limited to 90% in consideration of these circumstances.

2. Except as otherwise stated below, the scope of the liability for damages shall be as follows.

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