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(영문) 부산지방법원 2016.02.02 2015가단43369
손해배상
Text

1. The defendants jointly do so to the designated parties C 10,000,000 won, the plaintiff (appointed party), the designated parties D, and the designated parties E 2.

Reasons

1. Occurrence of liability for damages;

A. 1) The Appointed C is a net F (1946 students, hereinafter “the deceased”).

The mother of the Plaintiff, the Appointor D, and the Selection E are siblings of the Deceased, and Defendant East Fire Marine Insurance Co., Ltd. (hereinafter “Defendant East Fire Marine Insurance”).

G rocketing car (hereinafter referred to as “Defendant vehicle”)

(2) On January 27, 2015, Defendant B driven the Defendant’s vehicle, and driven the two-lanes of the first restaurant located in Hacheon-si, in the direction of the net police station, the first two-lanes of the two-lanes of the first restaurant located in Hacheon-si, which led to the death of the deceased. The Defendant B did not discover the deceased who opened the road adjacent to the crosswalk, which was installed at the end, to the right side from the left side of the crosswalk without any signal lights, and shocked the front part of the Defendant’s vehicle to the front part.

(2) On February 13, 2015, K and L, which are the deceased’s heir, have a criminal agreement with Defendant B regarding the instant accident, as to KRW 40,00,00,00. On April 29, 2015, the Defendant Eastern Fire Marine Insurance Department agreed to KRW 52,731,970 in total,00 of the deceased’s consolation money, funeral expenses, lost profit, direct treatment expenses, and statutory amount of damages (excluding consolation money of the Plaintiff and the designated parties) on April 29, 2015. [Grounds for recognition] There is no dispute, Party A (including household numbers, Nos. 10, 10, Eul evidence Nos. 1, 4-58, and 59, each of the items of evidence verification, the purport of the entire pleadings, as a result of the examination by the court, and the purport of the entire pleadings.

B. According to the recognition of liability and the recognition of the above limitation, Defendant B is the operator of the Defendant vehicle, and the Defendant Eastern Fire Marine Insurance is the insurer under Article 724(2) of the Commercial Act, and is jointly liable to compensate the Plaintiff and the designated parties for each of the damages arising from the instant accident.

However, it is hard to see the movement of vehicles running there in the vicinity of the crosswalk where the signal, etc. is not installed in the night.

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