logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.07.07 2015가단5318060
손해배상(자)
Text

1. The Defendant: (a) against Plaintiff A, KRW 19,403,573, Plaintiff B, C, D, E, and F, respectively, KRW 9,935,715, and each money on June 27, 2015.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) as follows: G is the H Passenger Car around 03:14 on June 26, 2015 (hereinafter “Defendant Passenger Car”).

(i) drive a motor bicycle and drive a motor bicycle (electric bicycle; hereinafter referred to as the “Plaintiff bicycle”) driving on the motor bicycle driving by J, which has entered the way from the middle side of the Gyeongsan to the parallel of the said way.

2) The instant accident was shocked (hereinafter referred to as “instant accident”).

(2) The J (hereinafter “the deceased”) died due to the instant accident.

3) The Defendant is an insurer who has concluded a comprehensive automobile insurance for Defendant’s automobile. 4) The Plaintiff A is the husband of the deceased, and the rest of the Plaintiffs are the children of the deceased.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 4, 8 through 12, the purport of the whole pleading

B. The plaintiffs asserts that the accident of this case occurred due to the negligence of the driver of the defendant passenger vehicle who did not drive the vehicle in spite of rain, and that the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the accident.

In regard to this, the defendant asserts that the accident of this case occurred by the total negligence of the deceased who did not make a signal by hand, direction indicator, and light, since the accident of this case enters outside the opposite lane and driving ahead the opposite lane, breaking the center line to change course, and did not make a signal by hand, direction indicator, and light, the defendant should be exempted from liability.

However, the evidence submitted by the Defendant alone that the driver of the Defendant’s automobile did not neglect to pay attention to the operation of the automobile (see Article 3 subparag. 1 of the Guarantee of Automobile Accident Compensation Act).

Rather, despite the milched surface at the time, the driver of the defendant's vehicle is negligent in the speed operation (see Article 19 (2) of the Enforcement Rule of the Road Traffic Act).

arrow