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(영문) 서울중앙지방법원 2020.12.18 2019가단5121790
손해배상(자)
Text

1. The Defendant: (a) against Plaintiff A, KRW 28,695,106, Plaintiff B, C, and D respectively; and (b) against each of the said amounts, KRW 15,463,404 on April 9, 2019.

Reasons

1. Occurrence of liability for damages;

A. 1) The Defendant’s vehicle with Fa-Wurt-Wurn (hereinafter “Defendant’s vehicle”)

On April 9, 2019, G is the insurer which entered into the comprehensive automobile insurance contract with respect to A. (2) around 01:25, G proceeds at a speed of about 88 km at a speed of speed exceeding 60 km per hour at a speed of 1:0 km away from the J-distance gate in the front of the J-gu in Ansan-gu, Syang-gu.

The Defendant’s vehicle was changed from the two lanes to the three lanes, and the Defendant’s vehicle was pushed off in the three lanes in the front direction.

(hereinafter “instant accident”). K transferred to a hospital but died.

(hereinafter referred to as “K”. 3) The Plaintiffs are the deceased’s successors, and Plaintiff B, C, and D are children. [Grounds for recognition] There is no dispute, and each of the entries and images (including the case where there is a serial number; hereinafter the same shall apply) in the evidence Nos. 1 through 3, 8, 9, and 1.

- The purport of the whole pleadings

B. As the deceased died due to the operation of the Defendant’s vehicle to recognize liability, the Defendant is liable to compensate for the damage caused by the death of the deceased as the insurer of the vehicle.

C. The determination of the amount of damages to be paid by the Defendant is taken into account, inasmuch as the Deceased’s fault of driving the 7-lane and the 4-lane road from night to night was caused by the fault that the 5-lane road was pushed down from the 3-lane to the 4-lane road

At night, street lights were installed on both roads, and there was no obstacle to the view of the Defendant’s vehicle, such as another vehicle, but the Defendant’s vehicle is excessive and continuous, and the Deceased was found in the immediately preceding the collision, taking into account all circumstances concerning the circumstances of the accident, and the Defendant’s liability is limited to 70% by deeming the deceased’s fault ratio to 30%.

2. The amount less than the cost shall be discarded as a result of calculating the scope of liability for damages, and the deducted amount shall be deducted from the principal of the amount of compensation;

It is rejected that the parties' arguments have not been separately explained.

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