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(영문) 대구지방법원서부지원 2019.08.22 2018가단64167
손해배상(자)
Text

1. The Defendant: KRW 16,67,056 for each of the KRW 16,67,056 and each of the KRW 32,412,468 to Plaintiff A and the respective of them.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 21:26 May 2, 2018, the network E driven a Fpoter vehicle at a point of 140 km from the 140km along the Gcuacuador road located in the Gcuador of Daegu Northern-gu, Daegu-gu, and stopped in the direction of 6:0 km on the two-lane. The next Gcuador found the cargo parked by the SUV vehicle, stopped on the two-lanes after the cargo vehicle, and the network E driven the cargo after the vehicle stopped from the cargo vehicle to prevent the subsequent traffic accident.

(2) H discovered the network E, which was making a possible signal while driving a INAS car and driving it a two-lane, delayed, and did not avoid the collision and continued to conflict with the other SUV vehicle, thereby causing the deceased E’s death, causing the Plaintiff’s death. The Plaintiff suffered injury, such as the Plaintiff’s salt, tensions, multiple tymmetrics, and so on.

(3) At the time of the accident, the accident was in the state of operation of cargo vehicles and SUV vehicles.

(4) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to H driving vehicles, and the Plaintiff A is the wife, Plaintiff B, and C of the Deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-5-4, Gap evidence 15-4 through 12, Gap evidence 17-6, Gap evidence 7, and Gap evidence 23-23, the purport of the whole pleadings and arguments

B. (1) According to the above facts of recognition as the basis of liability, the accident of this case occurred by the negligence of the H driving while neglecting the duty of Jeon-young at night, which is not good enough to view. Thus, the defendant, who is the insurer of the AW vehicle, is liable for the damage suffered by the deceased and the plaintiffs due to the accident of this case.

(2) Limitation of liability, provided that such limitation has been granted.

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