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(영문) 서울남부지방법원 2019.08.22 2018가단253004
손해배상(자)
Text

1. The Defendant: (a) against the Plaintiff A, KRW 77,590,361; (b) KRW 48,393,574; and (c) against each of the said KRW 48,393,574; and (c) on August 31, 2017.

Reasons

1. Facts of recognition;

A. At around 15:35 on August 31, 2017, E driving a F dup freight vehicle (hereinafter “Defendant vehicle”) and driving the front G road in the southyang-si, at the port of leaving the village, from the port of leaving the village to the port of leaving the village, the passage of the safety zone at the one-lane road from the one-lane road to the two-lane road. In such a case, while driving the road at the one-lane road from the one-lane road to the two-lane road, E continues to pass through the safety zone and enter the one-lane road. In such a case, even though there is a duty of care to report the situation of the front-way traffic well and safely drive the vehicle, it is difficult to perform the duty of front-way watch without neglecting the duty of care.

In the same direction, H driving’s bicycle running ahead of the same direction was found late, the front right side of the Defendant’s vehicle shocked into the left side of H’s bicycle, and due to that, H died of mass blood plesy due to a crym crym frying the floor beyond the floor.

(hereinafter referred to as “the deceased” and the above accident is referred to as “the instant accident”). B.

Plaintiff

A is the deceased's spouse, and the plaintiff B and C are the deceased's children.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 11, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above fact of recognition of liability, the defendant, as the insurer of the defendant vehicle, has died due to the operation of the defendant vehicle, barring special circumstances, is liable to compensate the deceased and the plaintiffs for the damages caused by the accident in this case.

B. The defendant asserts that, in calculating the amount of damages to be compensated, the deceased's errors should be considered in calculating the amount of damages to be compensated, since the deceased's driving of a bicycle more speed than the defendant's vehicle should also yield the course by getting out of way to the right edge of the road, operated on the right edge of the first lane without getting out of way to the right edge of the road.

The evidence presented by the Defendant alone is sufficient.

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