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(영문) 대전지방법원 2015.05.14 2015가단201500
손해배상(자)
Text

1. The Defendant’s KRW 21,225,759 as well as the Plaintiff’s annual rate from September 25, 2014 to May 14, 2015.

Reasons

1. Occurrence of liability for damages;

A. At around 06:48, September 25, 2014, B entered into a comprehensive automobile insurance contract with the Defendant (hereinafter “accidented vehicle”) B

(B) On September 29, 2014, at around 30; on September 29, 2010; on September 29, 2014; on September 29, 2014; on September 29, 2014; on May 29, 2011, the road in front of the E-cafeteria located in Quanam Water-Related Leisure Zone D was left left left at the entrance of the entrance of the Okuanam Water-Related Leisure Zone and confirmed whether a pedestrian was a pedestrian; and on September 29, 2014, the road was crossinged by the Central Line without permission without due care to prevent traffic accidents by accurately manipulatinging the steering direction and operation of the steering direction and operation system, resulting in death (hereinafter “the deceased”).

(2) The Plaintiff is the husband of the deceased, who is the father of the deceased and the co-inheritors of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 and 4 (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings

B. According to the facts of recognition as above, the defendant is liable for the damage suffered by the deceased and his bereaved family members due to the instant accident as the insurer of the vehicle involved in the accident.

C. The comparative negligence offset: (a) the location of the instant accident is four-lanes in which crosswalks are not installed; (b) the time of the accident occurred; and (c) the Deceased is also negligent in crossing the road without permission, despite the fact that there is a duty of care to safely cross the road, despite the existence of a vehicle driving the road, and the situation such as the occurrence of the instant accident occurred, it is reasonable to limit the Defendant’s liability to 70% in terms of the fair and reasonable apportionment of damages, given that the Deceased is also negligent in the occurrence of the instant accident or the expansion of damages.

2. Scope of liability for damages

A. The Plaintiff is against the Deceased.

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