logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.04.11 2016나55058
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 05:14 on April 2, 2015, C driven a D car (hereinafter “Plaintiff vehicle”) with a four-lane 64 km road in the direction of transmitting the road to the outer cycle road in Gyeyang-gu, Seoyang-gu, Yangyang-gu, the outer flow route, and driven along the two-lanes of the above road to the e-15 tons car truck running ahead of the three-lanes (hereinafter “Defendant vehicle”) due to negligence on the part of not discovering the two-lanes of the above road, and caused an accident where the right side of the Defendant vehicle was received as the front part of the Plaintiff vehicle.

(hereinafter “instant accident”). C died on the same day due to the instant accident, and the approximate circumstances of the instant accident are as shown in the attached Form No. 1.

(2) At the time of the instant accident, the front and right side of the Defendant’s vehicle had one project, etc. to the outside of the U.S., but the left side of the U.S., etc. and the width of the sidelights, etc. were cut off (it is not trustable that the statement of No. B, which is inconsistent with this), and the remainder of the U.S. and the work, etc. were weak compared to those of the vehicles in which the Defendant’s wife was in the vicinity of the Defendant’s vehicle at the time.

On the other hand, it was difficult to install street lamps at the accident site of this case.

(3) The plaintiff A is the legal spouse of C, the plaintiff B is the legal heir of C as C, and the defendant is the mutual aid association that entered into a mutual aid agreement on the defendant's vehicle.

[Reasons for Recognition] Facts without dispute, Gap's statements or images, and the purport of the whole pleadings, as stated in Gap's evidence 1 to 8, 21 and 22 (including branch numbers; hereinafter the same shall apply)

B. According to the above recognition of the limitation of liability, the accident of this case was caused by C’s primary negligence, which neglected the prior-hand City while drinking.

However, a person involved in road traffic shall comply with the road traffic-related laws and regulations to cause an accident.

arrow