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(영문) 대전지방법원 2016.12.08 2016나104720
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part of the judgment against the plaintiff A, which is equivalent to the following additional payments:

Reasons

The scope of this Court's adjudication in the first instance court of this case claimed passive damages (damage corresponding to the lost income), positive damages ( funeral expenses) and consolation money against the defendant, and the plaintiff B sought the same judgment as the purport of each claim. The court of first instance dismissed part of the plaintiff A's passive damages and consolation money, and ruled that the plaintiff B's consolation money is partially dismissed.

Accordingly, with respect to part of the part against the above plaintiff as to passive damages and consolation money in the judgment of the court of first instance, the plaintiff Eul filed an appeal against the above part against the above plaintiff as to consolation money, and the defendant filed an appeal against the part against the plaintiff against the plaintiff.

In the end, only the claim of the plaintiff A's passive damage and consolation money and only the claim of the plaintiff B's consolation money belongs to the scope of the judgment of this court.

Basic Facts

A party status G (hereinafter referred to as “the deceased”) is a deceased person due to the following traffic accidents, and the Plaintiff A is a mother of the deceased, who solely succeeded to the deceased’s property rights and duties, and the Plaintiff B is the birth of the deceased.

On May 21, 2013, the Defendant driving a D Twitter (hereinafter “Defendant”) around 20:38 on May 21, 2013, and proceeded with a road of one-lane F in front of the Hong-gun E (hereinafter “instant road”) in the front direction of the Chungcheong Hong-gun. The Defendant was red on the front apartment room of the front apartment.

Even if there is a place where the left turn is prohibited by the center line of the yellow-ray, the defendant made a left turn at his own house to go to the left, and the defendant went to the same direction as the defendant at the time, and the front wheel part of the HOtob, driven by the deceased, going to go beyond the central line in order to overtake the defendant's vehicle, is shocked with the front part of the defendant's vehicle, and the deceased's road.

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