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(영문) 서울중앙지방법원 2015.06.26 2014가단193719
손해배상(자)
Text

1. The defendant shall grant the plaintiff A KRW 14,50,00, KRW 14,50,00, KRW 6,333,333, and each of the above amounts to the plaintiff B, C, D, E, F, and G.

Reasons

1. Occurrence of liability for damages;

A. (1) On July 5, 2014, H driven an I bus (hereinafter “Defendant vehicle”) around 10:40 on July 5, 2014, while proceeding as one-lane of the two-lane distance intersection at the entrance of the Nancheon-si Yancheon-si at the Gancheon-si (hereinafter “Defendant vehicle”), from the Gancheon-si Yancheon-si surface of the Gancheon-si to the Gancheon-do boundary of the two-lane road. Although there was a red on-off signal from the stop line, H does not stop at the stop line, it proceeding at a speed of 50-60 kilometers per hour at the speed of 50-60 kilometers per hour. On the course of proceeding of the Defendant vehicle, the left-hand part of the Kannam-si driving by the deceased, who was directly going to the above intersection, was front of the Defendant vehicle and died at around 14:4 on the same day.

(hereinafter referred to as “instant accident”. (2) The Plaintiff is the deceased’s denial, and the Plaintiff’s children, C, D, E, F, and G are mutual aid contractors who concluded a mutual aid agreement with respect to the Defendant’s vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, 7, 10, 11, Eul evidence 1.2 (including the number of each branch), the purport of the whole pleadings]

B. The limitation of liability: (a) the deceased was negligent in entering the above intersection with a red flickering signal even at the progress of the deceased; (b) the deceased did not wear safety equipment such as safety caps at the time; and (c) operated without the license; and (d) the deceased’s error was caused by the cause of the occurrence of the instant accident and the extension of the result; (b) thus, the deceased’s fault and other circumstances, including the details and degree of damage, are limited to 50% of the entire Defendant’s responsibility by taking account of these errors, and the degree of damage.

2. Scope of liability for damages

A. The Plaintiffs asserts that the actual income of the deceased should be recognized by the daily wage of rural communities for three years from the time of the instant accident.

Gap evidence No. 9-1.

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