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(영문) 대전지방법원천안지원 2017.05.24 2017가단100075
손해배상(자)
Text

1. The Defendant: (a) KRW 29,637,14, and each of them to Plaintiff A, KRW 54,455,716, Plaintiff B, C, and D, respectively, and the Defendant on July 27, 2016.

Reasons

1. Facts of recognition;

A. E, around 16:40 on July 27, 2016, driving a Fpoter II cargo vehicle and driving a road in front of the Gpoter road located in the south-gu, East-gu, East-gu, the 2nd 2nd 104, in the direction of the intersection from the direction of the intersection to the direction of the intersection.

G was driven by H, which was in the front bank at the time, in advance, to overtake the IOba.

E was found to have a golf vehicle of J driving running on a normal lane on the left side of the median line while driving along a median line for overtaking, and entered the original lane as it is, and received the parts of the left side part of the vehicle loaded on the cargo of the said Poter II as the top part of the right side of the vehicle loaded on the cargo of the said Poter II.

(hereinafter “instant accident”). around July 28, 2016, H died of the instant accident, which was being treated due to the instant accident, from the Yacheon-do Hospital at the Yacheon-do University Hospital, to the ebbbroculation.

B. On December 6, 2016, E was sentenced to imprisonment without prison labor for 8 months, 2 years of suspended execution, and 40 hours of attending a compliance driving lecture in the Daejeon District Court’s astronomical Branch on December 6, 2016, and the said judgment became final and conclusive on December 6, 2016.

C. Plaintiff A’s spouse, Plaintiff B, C, and D are H’s children.

The defendant is an insurer who has concluded the comprehensive automobile insurance contract with E.

[Ground of recognition] Facts without dispute, Gap's entries, Gap's statements, 1 through 4, 8, 12, 16, 20 through 26, 33 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above recognition of responsibility, since the instant accident area is one-lane road along which the center line of the yellow domin line is installed, E must pass along the right side of the center line, and even when passing through the left side of the front vehicle for overtaking, due care shall be paid to the traffic in the opposite direction and the traffic in front of the vehicle ahead, and due to the speed and altitude of the vehicle ahead and other road conditions.

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