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(영문) 울산지방법원 2014.07.25 2014가단11764
손해배상(자)
Text

1. The Defendant each of the KRW 12,950,00 for Plaintiff A and B, KRW 5,950,00 for Plaintiff C, and KRW 3,50,000 for Plaintiff D and E, respectively.

Reasons

1. Facts of recognition;

A. On September 6, 2013, the driver of the F Bus who entered into a motor vehicle mutual aid agreement with the defendant (hereinafter referred to as the “franchising vehicle”) shocked, e.g., the deceased, who walked along the crosswalk on the right side of the crosswalk at the right side in the moving direction while the driver turned to the left at the center of the central market of the Nowon-gu, Nowon-gu, Seoul Special Metropolitan City along the three-lane road along the third-lane road.

(hereinafter referred to as the "accident of this case").

At the time of the accident of this case, the walking signal of the crosswalk was reded, and the vehicle was under the left turn according to the left turn signal.

C. The deceased’s heir is the Plaintiff A and B, who is a child, and there is Plaintiff C, Plaintiff D, and E, who is the wife of the deceased, who is the wife of the deceased, who is the children of the deceased.

On September 2013, the driver of the Maritime Vehicle paid 30 million won as criminal agreement amount to the plaintiffs on the side of the plaintiffs.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-1, 2-2, Gap evidence 2-1, 2-2, Eul evidence 3, Eul evidence 1-1, 2-2, and the purport of the whole pleadings

2. Occurrence of and limitation on liability for damages;

A. According to the above facts of recognition of liability, the accident of this case is judged to have occurred due to negligence on the part of the driver of a sea-going vehicle who neglected to turn to the left, so the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by such negligence.

B. Limit of liability, however, the Defendant’s liability is limited to 45% in light of the fact that, at the time of the instant accident, the Deceased was crossing the crosswalk in the state of red-fluoring, while the left-hand turn was at the left-hand turn, other time when the accident occurred, road structure, etc.

3. Scope of liability for damages

A. Funeral expenses: It shall be deemed that the Plaintiff A, B, and C paid KRW 3 million each, respectively (based on experience). The above Plaintiffs asserted that funeral expenses were paid KRW 2 million each, but evidence to acknowledge this.

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