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(영문) 서울중앙지방법원 2018.12.20 2017가단5062873
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 14,891,262, Plaintiff B, C, and D, respectively, and each of the said money on December 9, 2015.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) F is a sealed truck on December 8, 2015, G around 15:05 (hereinafter “Defendant vehicle”). F is the Defendant vehicle.

(i) A self-wheeled vehicle of I driver’s license passing ahead on the left side of the Defendant’s vehicle (hereinafter referred to as “Plaintiff’s vehicle”) while driving his/her vehicle and going to the left at the intersection where no signal lights are available while driving his/her vehicle, driving his/her vehicle into the left side of the Defendant’s vehicle.

) The front part of the Defendant’s vehicle was shocked in front of the left side (hereinafter “instant accident”).

2) 2) The instant accident led to the death of the I due to the fact that it was in the heart, etc.

(hereinafter referred to as “I”. 3) The Plaintiff’s spouse, Plaintiff B, C, and D are the deceased’s children, and the Defendant is the insurer who has concluded a comprehensive automobile insurance contract against the Defendant’s vehicle. The Defendant is the insurer who has concluded a comprehensive automobile insurance contract against the Defendant’s vehicle. 【In the absence of any dispute, Party A’s 1, 2, and 3, evidence No. 1 (including each number, evidence No. 4, the video of Party A’s evidence No. 4, the result of this court’s appraisal entrustment

B. According to the above facts, 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 an insurer of the Defendant vehicle, barring any special circumstances. 2), the Defendant asserts that the instant accident is an accident where the Plaintiff, who followed the Defendant vehicle, attempted to overtake the vehicle in an unreasonable manner by overcoming the median line, and thus, the Defendant cannot be deemed to have a duty of care to drive the vehicle by expectationing that the vehicle should overtake the vehicle beyond the median line. In addition, the Defendant asserts that the vehicle driver of the Defendant vehicle has a duty of care to drive the vehicle by predicting that the vehicle should overtake the vehicle beyond the median line.

According to Article 38 of the Road Traffic Act, Article 21 of the Enforcement Decree of the same Act, and attached Table 2, vehicles that intend to change course such as left-hand turn shall be at the edge of an intersection.

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