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(영문) 서울중앙지방법원 2018.01.19 2017가단5110475
손해배상(자)
Text

1. The Defendant: (a) against Plaintiff A, the Plaintiff KRW 11,335,362 and each of the said money to Plaintiff B, C, D, E, and F, respectively.

Reasons

1. Occurrence of liability for damages;

(a) In the case of G 1 G, 2017

2. On 19:02, the Defendant’s vehicle (hereinafter “Defendant’s vehicle”) driven along the H vehicle (hereinafter “Defendant’s vehicle”) and driving along the first lane in front of the e-line 65-lane 4, Dobong-gu Seoul Metropolitan Government, and shocked I crossinging the road to port from the right side of the running direction of Defendant’s vehicle to the front of Defendant’s vehicle.

(2) In the instant accident, I died by suffering from serious brain damage (hereinafter “the deceased”).

3) The plaintiff A is the husband of the deceased, and the remaining plaintiffs are the children of the deceased, and the defendant is the insurer who entered into the automobile comprehensive insurance contract against the defendant vehicle.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3, 4, and 5, and the purport of the whole pleadings

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. The limitation of liability is limited, however, because the Deceased was found to have been involved in the accident of this case while crossinging the road without permission after sunset without examining the her right and the right to the front side, it shall be considered in calculating the amount of damages that the Defendant would compensate for by the Deceased. However, as the above evidence and the road where the accident of this case occurred is recognized by the descriptions and images of Gap's evidence and Gap's evidence Nos. 7, 8, and 9 (including both identification numbers), the road in which the accident of this case occurred is an exclusive road for U.S. located in the upper part of the four-lane above the right to the rear side of the above road, and the apartment complex is adjacent to the south side of the above apartment complex, but the above apartment complex residents can move from the entrance to the large retailer to the upper part of 60 meters above the above apartment complex and arrive at the large retailer, and therefore neighboring residents shall frequently move to the large retailer.

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