(영문) 서울중앙지방법원 2020.12.18 2019가단5130886

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(영문) 서울중앙지방법원 2020.12.18 2019가단5130886

손해배상(자)

Text

Defendants are jointly and severally liable to Plaintiff A for KRW 14,849,642 and KRW 7,339,642 among them, from June 12, 2019.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant E is Defendant E’s rocketing taxi around 16:30 March 29, 2019 (hereinafter “Defendant vehicle”).

) A network I (hereinafter referred to as “the network”) crossing the crosswalk from the left side of the running direction of the Defendant’s vehicle to the right side of the crosswalk while driving a two-lane of the two-lane road in front of the H building in Daegu to the direction of the intersection distance.

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

(2) After the instant accident, the Deceased died on April 13, 2019 due to cerebrovascular, etc. while receiving treatment at the Gyeongbuk University Hospital.

3) The Plaintiffs are the children of the Deceased and the Defendant F Federation (hereinafter “Defendant Federation”).

(A) is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant vehicle (based on recognition). [In the absence of dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 2 and 3 (each entry or video, including each number, and the purport of the whole pleadings).

B. According to the facts found as above, since the deceased died due to the operation of the Defendant vehicle, the Defendant Association, the driver of the Defendant vehicle, and the mutual aid business operator of the Defendant vehicle, shall be jointly and severally liable to compensate the plaintiffs who are the deceased and the deceased for the damages caused by the instant accident.

C. The limitation of liability is limited, however, the following circumstances revealed by each description or image of each of the above evidence, namely, the Deceased continued to cross the crosswalk while pedestrian signal, etc. was changed in red color. Such errors by the Deceased were caused by the occurrence or expansion of damages caused by the instant accident. Therefore, the Defendants’ liability is limited to 70% by taking this into account in calculating the amount of damages to be compensated by the Defendants.

2. Scope of liability for damages

A. The Plaintiff asserted that funeral expenses of the Deceased incurred KRW 14,37,930 as funeral expenses, and sought payment of the said money.

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