(영문) 서울중앙지방법원 2019.11.22 2019가단2764

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(영문) 서울중앙지방법원 2019.11.22 2019가단2764

손해배상(자) 청구의 소

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1. As to the Plaintiff A’s KRW 45,562,714, Plaintiff B, C, and D respectively, KRW 23,708,476 and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. 1) On December 20, 2018, F means the G PoterⅡ Cargo (hereinafter “Defendant Vehicle”) around 20:17:20:17.

2) On the other hand, the Defendant’s driving of the vehicle, and the Defendant’s driving of the vehicle, led the Defendant’s vehicle to the front part of the Defendant’s vehicle (hereinafter “instant traffic accident”). The Defendant’s driving of the vehicle led the Defendant’s vehicle to the front part of the vehicle, which opened the crosswalk in accordance with the pedestrian signal from the left part of the vehicle’s driving direction to the right side of the vehicle, while moving the intersection in front of H to the front part of the village.

2) On December 24, 2018, I died of cerebral cerebral cerebral typosis due to the instant accident.

(hereinafter referred to as “I”) Plaintiff A is the deceased’s spouse, and Plaintiff B, C, and D are the deceased’s children, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract against the Defendant vehicle. 【The ground for recognition” The fact that there is no dispute, A, 1, 3, and 11 through 14 (including numbers, if any,); hereinafter the same shall apply.

each entry or video, the whole purport of the pleading;

B. According to the above recognition of liability, the defendant, as the insurer of the defendant vehicle, is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case, unless there are special circumstances, since the deceased died due to the operation of the defendant vehicle.

C. The defendant's claim on limitation of liability is asserted that there was negligence on the deceased's failure to secure his/her safety despite the fact that the pedestrian who built the crosswalk should safely examine the flow of the vehicle, but it cannot be said that there was any negligence on the deceased who walking the crosswalk according to the pedestrian signal, and there is no other evidence to recognize that the deceased was negligent, and thus, the defendant's claim on limitation of liability is rejected.

2. Except as otherwise stated below within the scope of liability for damages, it shall be the same as each corresponding item in the separate list of damages calculation.

유사 판례

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