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(영문) 서울북부지방법원 2015.02.06 2014가단102750
손해배상(자)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On June 8, 2013, at around 12:10 on June 8, 2013, C driven a Dpoter vehicle (hereinafter “accidented vehicle”) and caused the same day’s death by E, a driver of Orababa, who was the driver of Oraba,, while driving the Dpoter vehicle at a speed of about 77 km at a speed of about 47 km at the speed of about 77 km depending on the three-lanes of speed from the eropibbbbbs in the middle-dong width of the Seoul Central-gu, Jung-gu, Central-gu.

(hereinafter “instant accident”). (b)

Plaintiff

A is the mother of the deceased E (hereinafter referred to as “the deceased”), and the plaintiff B is the deceased’s punishment.

C. The defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to the foregoing accident vehicle.

[Ground of recognition] Facts that there is no dispute or is not clearly disputed, evidence Nos. 1-1-2-4 of evidence No. 1-2 and the purport of the whole pleadings

2. Determination as to the plaintiffs' claims

A. The plaintiffs' alleged driver C is responsible for compensating the deceased and the plaintiffs for damages caused by the accident in this case as the insurer of the vehicle involved in the accident, because he neglected his duty of care to safely drive the vehicle by complying with the restricted speed and by taking into account the right and the right and the right well and the right and the right and the duty of care to prevent the accident, and in violation of the signal, the restricted speed exceeded 17K/h in general roads with a limit of 60K/h, and caused the accident in this case due to negligence that neglected the duty of the front and the duty of care.

With regard to the scope of liability for damages, the damage suffered by the deceased due to the accident in this case is the total of 234,739,845 won, consolation money, 80,000,000 won, and the amount of the damage claim by the plaintiff A, the heir of the deceased, is KRW 334,138,545 won (i.e., funeral expenses of KRW 314,739,845 won, funeral expenses of KRW 4,39,845 won, funeral expenses of KRW 4,398,700,000), and the amount of damage claim by the plaintiff B is the total of KRW 14,450,750, and KRW 100,000,000 as part of

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