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(영문) 광주지방법원 2019.06.12 2018가단500824
손해배상(자)
Text

1. As to Plaintiff A’s KRW 106,179,529, Plaintiff B, C, and D respectively, KRW 66,786,353 and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. (1) On July 26, 2017, when driving a Mati Cargo Vehicle (hereinafter “Defendant Vehicle”) on July 17:35, 2017, F went beyond the central line in order to pass the IF car (hereinafter “Plaintiff”), while driving a one-lane road from the boundary of the Seopopopo City in Seopopo City, Seopopopo City to the distance of the Sinpo City, Seopopo City, Seopopo City, Seopopo City, into the Hapo City H., while driving the one-lane road, the F went beyond the central line in order to pass the IF car (hereinafter “Plaintiff”) prior to the moving direction in breach of his duty of care to safely proceed along his vehicle’s lane, and led to the Plaintiff’s death by fully shocking the part of the driver’s seat of the Plaintiff vehicle, which was left left to turn to the port located on the left side of the running direction of the horse.

(2) The Plaintiff’s wife, Plaintiff B, C, and D are children of the Deceased, and the Defendant is an insurance company that entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Gap evidence Nos. 16, 17, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

B. According to the recognition and limitation of liability (1) the defendant is the insurer of a sea-going vehicle, and is responsible for compensating the deceased and the plaintiffs for the damages caused by the instant accident.

(2) Meanwhile, according to the evidence above, the instant accident attempted to turn to the left above the center line while the Defendant’s vehicle, which was driven by the front line at the right edge of the road, intends to overtake the Plaintiff’s vehicle in the front line.

On the other hand, the deceased did not sufficiently examine the traffic conditions of the rear bank through the rear mirror and did so to turn to the left at the center. The deceased's above mistake is in this case.

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