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(영문) 의정부지방법원 2017.12.08 2017가단105180
손해배상(자)
Text

1. The Defendant: (a) KRW 22,276,533 to Plaintiff A; and (b) KRW 8,205,435 to Plaintiff B; and (c) from January 16, 2017 to each of the said money.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) C is a freight vehicle of D1 ton on January 16, 2017 (hereinafter “Defendant vehicle”). D1 ton on January 16, 2017

(B) The Defendant was the vehicle, who was negligent in neglecting the duty to see the front section and the left section at a speed of 40 to 50km on the side of the Hongdo Underground Motor Vehicle 4, the front section of the FJ in the Dong-gu Daejeon-gu, Daejeon-gu, and walked the crosswalk to the right side from the left side of the Defendant vehicle’s moving along the crosswalk at a speed of 40 to 50km. (hereinafter “instant accident”).

2) G (hereinafter “the deceased”).

(2) The Plaintiff A, Nonparty H, I, J, and K are the deceased’s children, and the Plaintiff B is the son of the deceased’s children as the children of the Plaintiff.

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

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5 and Eul evidence 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

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

C. According to the evidence as seen earlier prior to the limitation of liability, on the crosswalk in which the instant accident occurred, a yellow flash light has been installed and the pedestrian signal, etc. has not been operated, and the driver of the Defendant vehicle C attempted to pass the crosswalk as it is without taking measures such as reducing the speed, etc., even if the crosswalk was in front of the instant accident, and the Deceased attempted to pass the crosswalk as it is. The Deceased was found to have suffered the instant accident due to negligence that attempted to walk the crosswalk rapidly at the crosswalk around the time when the Defendant vehicle was close to the crosswalk without examining the movement of the Defendant vehicle. Since such negligence was caused by the occurrence and expansion of damage caused by the instant accident, the rate of negligence of the Deceased is considered to be 15%.

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