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(영문) 수원지방법원 2019.09.03 2019가단507182
손해배상(자)
Text

1. The defendant,

A. The plaintiff A 29,090,909 won;

B. Plaintiff B, C, and D respectively KRW 17,727,272;

C. Plaintiffs E: 29,125.

Reasons

1. Facts of recognition;

A. Nonparty G driving a H vehicle around 07:00 on September 23, 2018 and driving on a road of one-lane as part of Part I of Part I of Part I in Jeonnam-gun, Chungcheongnam-gun, and shocked Nonparty G, who was getting a bicycle at the right edge of the same direction, resulting in the death of Nonparty G due to the prolonged prolonged charging of 02:00 on September 28, 2018.

B. The defendant is an insurer who has concluded a comprehensive automobile insurance contract with the above vehicle.

C. The Plaintiffs jointly succeeded to the property of Nonparty J.

(Inheritance ratio 3: 2: 2: 2: d.

Plaintiff

E spent 198,700 won for hospital expenses, such as transfer treatment, and funeral expenses 11,200,000 won, respectively.

E. G: (a) on January 24, 2019, at the Gwangju District Court’s interest support:

It was sentenced to 10 months of imprisonment without prison labor due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death) due to the criminal facts stated in the paragraph, and G appealed and the appellate trial is continuing.

F. Around February 2019, the Plaintiffs received KRW 35 million from G and concluded a criminal agreement.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 11, Eul evidence 1 (including branch numbers if there is a number) and the purport of the whole pleadings

2. According to the above fact of recognition of liability for damages caused by G’s negligence, the Defendant, the insurer, is liable to compensate for damages to the Plaintiffs, the heir of the deceasedJ, as well as the insured.

3. Scope of damages.

A. Although the defendant asserts that the fault of the networkJ is about 30%, the defendant's negligence is proved to be about 30%, the following circumstances are as follows: (i) the location of the accident in this case did not have delivery or the side length to a narrow sloping of one lane; (ii) if the defendant seems to run a bicycle on the front side, he must, in principle, drive the bicycle on the front side; and (iii) he must safely overtake the bicycle after checking that there is no vehicle on the other side; and (iv) G is proceeding a bicycle at the police direction.

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