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(영문) 서울중앙지방법원 2016.07.20 2015가단5369730
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 32,88,144, Plaintiff B’s KRW 21,392,096, and each of the said money from November 27, 2013.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) C (hereinafter referred to as the Deceased)

on November 27, 2013: 23:19 around D 23:19, the vehicle of the Plaintiff (hereinafter referred to as the “Plaintiff”).

(ii)the E bus (hereinafter referred to as the Defendant vehicle) having the signal signal transiting over one lane and two lanes along the two-lanes of the two-lanes of the way in which it is located in the segment of the decentralization in Sungnam-si. The E bus (hereinafter referred to as the “Defendant vehicle”) being in the atmosphere of the said road while driving along from the mridge to the mridge customer on the side of the

2) The accident occurred on the day of the accident (hereinafter referred to as the “accident”).

(2) The Defendant is a mutual aid business entity that entered into a mutual aid agreement on the Defendant’s vehicle.

3) The plaintiff A is the denial of the deceased, and the plaintiff B inherited the deceased's property at the rates of the plaintiff A3/5 and the plaintiff B2/5 with the mother of the deceased. [Grounds for recognition] There is no dispute, Gap 1 through 2, and Eul 1 evidence (including partial numbers, the purport of the whole pleadings).

B. The plaintiffs asserts that the accident of this case is liable to compensate the plaintiffs for the damages caused by the accident of this case, since the defendant's vehicle did not observe the vehicle line accurately and stopped over the first and second lanes, and the deceased died.

In this regard, the defendant asserts that the accident of this case occurred by the total negligence of the deceased who did not fulfill the duty of Jeonju, so the accident of this case should be exempted.

In light of the above facts and evidence, it seems difficult for the deceased to sufficiently secure the view of the front bank because at night, and according to the investigation results conducted by the investigative agency in the Gyeonggi-gu branch of the Road Traffic Authority, the right side side of the Defendant vehicle extends over one lane on the right side, and the Plaintiff vehicle also conflicts with the left side, and the instant accident occurred. If the Defendant vehicle stops without violating the vehicle line on the first lane, the instant accident did not occur or is dead.

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