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(영문) 서울남부지방법원 2018.12.20 2018가단219486
손해배상(자)
Text

1.(a)

The Defendants jointly share KRW 13,538,856, Plaintiff B, C, D, E, F, and G respectively. 8,359,237 and each of them.

Reasons

1. Occurrence of liability for damages;

A. On October 31, 2017, at around 06:20 on October 31, 2017, Defendant H driven a Jcom (hereinafter “Defendant vehicle”) and proceeded along two-lanes on the two-lane road front K in the Gunsan-si, the two-lanes of the front of K in the Gunsan-si, along the U.S.-g. flow, Defendant H shocked L crossing the road from the left side of the direction of the vehicle to the right side of the Defendant vehicle, at a point where the right side of the crosswalk without signal lights out of about five meters away from the right side of the vehicle.

(hereinafter “instant accident”). The instant accident died in low-blood shock on the same day. L was killed in the instant accident.

(hereinafter referred to as “the deceased”). The plaintiff A is the deceased’s spouse, and the plaintiff B, C, D, E, F, and G are the children of the deceased, and the defendant I Federation (hereinafter referred to as “the defendant Federation”) is the mutual aid business operator who entered into a mutual aid agreement on the defendant’s vehicle.

Defendant H was indicted for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death) at the Jeonju District Court’s Military Branch 2017 Godan1652 due to the instant accident. On March 25, 2018, Defendant H agreed with Plaintiff A who represented the Plaintiffs on March 25, 2018 (hereinafter “instant agreement”).

Defendant H transferred the claim for insurance proceeds of KRW 30,000,000 to M Co., Ltd. (hereinafter referred to as “M”) in accordance with the terms and conditions set forth in paragraph (4) of the above agreement, and Plaintiff H received the insurance proceeds from M on March 29, 2018.

B. According to the facts of recognition of liability, Defendant H is the driver of the Defendant vehicle, and the Defendant Federation is liable to compensate the Plaintiffs, who are the deceased and their bereaved family members due to the instant accident, as the mutual aid business operator of the Defendant vehicle.

C. The location of the instant accident is a place where the central separation is to prohibit unauthorized crossings before and after the crosswalks, and the road is to be installed at the night where the Deceased’s view is limited at night beyond the crosswalks.

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