(영문) 서울중앙지방법원 2020.01.30 2018가단5201446

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(영문) 서울중앙지방법원 2020.01.30 2018가단5201446

손해배상(자)

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1. The Defendant: (a) against Plaintiff A, KRW 79,131,327; and (b) against Plaintiff B, KRW 65,131,327; and (c) against each said money, from June 20, 2018 to June 20, 2020.

Reasons

1. Occurrence of liability for damages;

A. 1) D is a freight vehicle of the E stable Truck (hereinafter “Defendant”) around June 20, 2018, around 06:20, around June 20, 2018.

) While driving the Defendant’s vehicle, while driving the Defendant’s vehicle and driving the Defendant’s 449-ro 449-gil to a bypass, the Defendant 1 took a bicycle and shocked the F, which opened the crosswalk pursuant to the pedestrian signals, with the back wheels of the Defendant 1’s front wheel, followed the F’s left-hand bridge, etc. used on the road (hereinafter “instant accident”).

2) As a result of the instant accident, F died of an excessive excretion and low-blood shock on June 23, 2018 while treating the injury.

(3) The Defendant is an insurer who has concluded a comprehensive automobile insurance contract against the Defendant’s vehicle. (4) The Deceased is a Chinese national who had resided in the Republic of Korea with the status of stay overseas (F-4) at the time of the instant accident. The Plaintiff A is the deceased’s spouse, and Plaintiff B is the deceased’s children.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, 4, 10 through 13, Eul's evidence 2 (including paper numbers), the purport of the whole pleadings and arguments

B. According to the above recognition of liability, as the deceased died due to the operation of the Defendant vehicle, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as the insurer of the Defendant vehicle, barring special circumstances.

C. However, the limitation of liability is limited, in the case where the decedent, as the Deceased, has driven a bicycle and dried the crosswalk, without wearing a protective gear, even though he should have towed and walked the bicycle, and such errors by the Deceased contributed to the occurrence of the instant accident and the expansion of damages. As such, the deceased’s negligence shall be considered as 20% in calculating the amount of damages to be compensated by the Defendant, and the Defendant’s responsibility is limited to 80% in calculating the amount of damages to be compensated by the Defendant.

2. Liability for damages.

유사 판례

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