(영문) 서울중앙지방법원 2015.07.24 2014가단5248355

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(영문) 서울중앙지방법원 2015.07.24 2014가단5248355

손해배상(자)

Text

1. The Defendant: (a) KRW 82,604,914; (b) KRW 80,604,914; and (c) KRW 3,000,000 for Plaintiff C and D, respectively.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 23:51 on November 25, 2013, E driven a F cab (hereinafter “Defendant vehicle”) and shocked a network G crossing the national highway No. 1 on the 1st century located in the Ho-gu Hodong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “Defendant vehicle”) to the right side of the said road while driving along five-lanes from the boundary of the new engineer distance to the shooting distance. The Deceased died on November 26, 2013 due to the said accident.

(2) The plaintiff A and B are the parents of the deceased, and the plaintiff C and D are the siblings of the deceased, and the defendant is a mutual aid business operator who has entered into a mutual aid agreement with the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 11, 13 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is liable for damages suffered by the plaintiffs, who are the deceased and their bereaved family members due to the accident of this case.

C. However, according to the above evidence, the accident location of this case is set up at the 11-lane from each other, and the center is set up at the center, and there was a pedestrian bridge and crosswalk within 5 minutes from each adult male base, and at the time, there was a limit in the field of view. The deceased was at night crossing the above place without permission, and such error is deemed to have caused the accident of this case.

Therefore, considering the deceased’s negligence, the Defendant’s liability is limited to 40% by comprehensively taking into account the circumstances such as the fact that if the deceased had faithfully performed the duty of front-time care, the driver of the Defendant’s vehicle would have been able to discover the deceased, and all other circumstances shown in the argument of this case.

2. The attached amount of damages, except as otherwise stated below within the scope of liability for damages.

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