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(영문) 서울서부지방법원 2017.01.13 2016나35998
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Establishment of liability for damages;

A. Basic facts 1) F around 06:35 February 6, 2016, G Kaman vehicle (hereinafter “Defendant vehicle”)

) A network H (hereinafter referred to as “the network”) that crosses the crosswalk from the left side of the running direction of the Defendant’s vehicle to the right side while driving two lanes in front of the disease center distance of 193 (including the exclusive lane for the front line) as the promotion of Eunpyeong-gu Seoul, and driving on the front side of the 193 Disease Headquarters.

1) The accident of this case is found later and the shock on the right side of the Defendant vehicle (hereinafter referred to as “instant accident”).

(2) On February 13, 2016, the Deceased died due to an accident in the instant case, which was being treated by the J Hospital, such as an explosion of an external trauma, etc.

3) The Plaintiffs are the parents of the Deceased, and the Defendant is the insurer who concluded the automobile insurance contract with F, the owner of the Defendant’s vehicle. [Grounds for recognition] There is no dispute over the said vehicle, Gap’s evidence Nos. 1, 2, 4, 5, 9, and Eul’s evidence Nos. 1 through 3 (including the serial number, the same hereinafter)

each entry, video, and the purport of the whole oral proceedings

B. According to the facts of recognition of liability, the accident of this case occurred due to the driver F of the defendant vehicle who neglected his duty of care to safely manipulate the steering gear and operation equipment of the vehicle and prevent the accident by driving the vehicle, and thus, the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case as the insurer of the defendant vehicle.

C. However, according to the aforementioned evidence, the point where the instant accident occurred was a road leading to the eight-lane line from which the passage of the vehicle is extremely frequent, as well as a situation where the passage is open due to a bus going to the right-hand left-hand turn at the time.

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