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(영문) 서울중앙지방법원 2017.10.27 2016가단5153277
손해배상(자)
Text

1. As to Plaintiff A’s KRW 20,50,00, and KRW 66,455,607 to Plaintiff B, and each of the said money from August 14, 2013 to August 2017.

Reasons

1. Occurrence of liability for damages;

A. At around 17:08, August 14, 2013, C: (a) A is the Defendant’s vehicle (hereinafter “Defendant’s vehicle”).

) The F 3rd distance in front of E in the e in the ethic City of e (hereinafter referred to as “instant intersection”).

)를 역골삼거리 쪽에서 화성시청 쪽으로 직진하게 되는데, 이 사건 교차로는 차량 및 보행자 신호기가 설치된 ‘ㅓ’자형 교차로이고 제한속도가 시속 60km임에도 C는 시속 109.6km(제한속도를 49.6km 초과)로 진행하다가 이 사건 교차로에 이르러 남양택지지구 쪽에서 화성시청 쪽으로 신호를 위반하여 좌회전을 하던 G이 운전하던 CT100 오토바이(이하 ‘망인 오토바이’라고 한다

) The front side of the Defendant’s vehicle stopped up to the left side of the Defendant’s vehicle and stopped after being pushed down to the extent of 38 meters of the Deceased’s Earth and then stopped (hereinafter “instant accident”).

2) As a result of the instant accident, G died of two alleys and cerebrovascularssis.

(hereinafter referred to as “B” 3) The Plaintiff is the father of the Deceased, the Plaintiff B is the mother of the Deceased, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract against the Defendant’s vehicle. The Defendant is the insurer who entered into the automobile comprehensive insurance contract against the Defendant. 【Unfounded-founded facts, Gap’s 1, 2, and 3, Eul’s 5-23, Gap’s 15-3 video, and the purport of the entire pleadings.

B. 1) According to the above recognition of liability, the defendant, as the insurer of the defendant vehicle, has died due to the operation of the vehicle of the defendant vehicle, barring special circumstances, is liable for the damage suffered by the deceased and the plaintiffs due to the accident of this case. 2) Accordingly, the defendant shall have the duty of care to take special measures in order to prevent the occurrence of the accident in advance, by predicting that the defendant vehicle should have entered the intersection of this case in accordance with the straight-line signal of the vehicle signal, and turn left to the left, while entering the intersection of this case.

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