(영문) 서울중앙지방법원 2018.11.30 2018가단5073740

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.11.30 2018가단5073740

손해배상(자)

Text

1. The Defendant: (a) KRW 19,00,000 for each of the Plaintiffs and 5% per annum from March 13, 2018 to November 30, 2018; and (b).

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) F is the GpoterⅡ Cargo around 10:24 March 13, 2018 (hereinafter “Defendant Vehicle”).

) A driver’s license led to the speed of approximately 76 km from the direction of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city. In such a case, the driver’s duty of care to reduce the speed to the person engaged in the driving service and safely drive the vehicle in accordance with the traffic signal, thereby preventing the accident in advance. Nevertheless, the

(2) On March 29, 2018, the deceased died of diversary surgery due to cerebral cerebral brain damage caused by the diversary brain damage (hereinafter “instant accident”) around 13:28 on March 29, 2018.

2) The Plaintiffs are the deceased’s children, and the Defendant is the insurer who 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 4 (including each number, hereinafter the same shall apply), Eul evidence No. 2, the purport of the whole pleadings

B. According to the facts of recognition of liability, the defendant is liable for the damages suffered by the plaintiffs, who are the deceased and their bereaved families, as the insurer of the defendant vehicle.

C. However, according to the above evidence, the deceased’s fault was found to cross the three-lane road to a place other than the crosswalk, and the deceased’s above error was caused by the occurrence of the instant accident and the expansion of damages. Therefore, the Defendant’s liability is limited to 80% in consideration of the above error.

2. Scope of liability for damages

(a) Funeral expenses: 5,000,000 won; and

유사 판례

-서울중앙지방법원 2017.04.28 2016가단5217867

-서울중앙지방법원 2018.12.07 2017가단5239925

-서울중앙지방법원 2016.05.13 2015가단5373135

-광주지방법원 2019.08.28 2018가단539570

-서울중앙지방법원 2015.08.21 2015나7472