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(영문) 서울중앙지방법원 2017.04.28 2016가단4899
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 46,206,169, Plaintiff B, and C, respectively, KRW 27,470,779 and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. Fact-finding 1) D is a Echemical fire-fighting pumps vehicle (hereinafter “Defendant vehicle”) around December 21, 2015, around 21:40, December 2015.

ii)on his own way to turn to the Boban Fire Fighting Station from the side of the dead stop distance at the third-distance intersection where no signal apparatus is in the border of the Boban-si, while making a left turn to the left more than the stop line in order to drive as soon as possible than the motor vehicle driven on the opposite side, the Glater-low taxi (hereinafter referred to as the “Plaintiff-Motor Vehicle”) of FF driver's Goldo, who was straight along the two-lanes from the opposite direction to the dead stop distance on the opposite one.

(3) The left-hand side portion of the Defendant’s vehicle was left-hand side of the Defendant’s vehicle (hereinafter “instant accident”).

(2) The F died due to the instant accident.

(hereinafter referred to as “F”. 3) Plaintiff A is the deceased’s wife, Plaintiff B, and C are the deceased’s children, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle (based on recognition). [In the absence of dispute, Plaintiff 1, 3, 10-12, and 13 evidence (including paper numbers, 1-9 evidence, and the purport of the entire pleadings)

B. According to the above facts of recognition of liability, the defendant is the insurer of the defendant vehicle and is liable for the damages suffered by the plaintiffs, who are the deceased and their bereaved families.

C. The limitation of liability, however, the place of the accident in this case is where the speed limit is 30km/h in the elderly protection area, and the left-hand turn is allowed as an intersection without signal apparatus, and even if the deceased started to make a left-hand turn on the part of the defendant vehicle prior to entering the intersection prior to entering the intersection, the deceased was negligent by entering the intersection at the speed of 82 km/h (the evidence mentioned above) without sufficiently examining the movement of the defendant vehicle, and such negligence of the deceased was a considerable cause for the occurrence of the accident in this case and the expansion of damage, so the deceased's fault ratio is 50%, and the defendant's responsibility is limited to 50%.

2. Scope of liability for damages.

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