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(영문) 서울중앙지방법원 2018.08.17 2017가단5203933
손해배상(자)
Text

1. The defendant,

A. As to the plaintiff A's KRW 34,122,133, and each of the plaintiffs' 19,748,088 and each of the above amounts.

Reasons

1. Occurrence of liability for damages;

A. 1) G is a taxi (hereinafter “Defendant vehicle”) around November 16, 2014, around 04:12, 2014.

(C) On the other hand, while the pedestrian signal, etc. was driven at a speed of about 84 km over a speed of about 24 km than the speed limit from the 704 km-ro, Seodaemun-gu, Seoul, Seoul, Seomun-gu, the pedestrian signal, etc. was driven by H where the pedestrian signal, etc. was parked in red (hereinafter referred to as “instant accident”).

2) 2) The instant accident died

(B) According to the above facts, the Defendant is liable to compensate for the damages suffered by the Plaintiffs, who are the deceased and their bereaved family members, as the mutual aid business operator of the Defendant’s vehicle, as the deceased’s wife, and the rest of the Plaintiffs are the children of the deceased, and the Defendant is the mutual aid business operator who entered into a mutual aid agreement with respect to the Defendant’s vehicle.

2) As to this, the Defendant asserts that the instant accident was caused by the unilateral negligence of the deceased, who was crossing a new wall without permission, and that it should be exempted from liability without any negligence. In full view of the fact that the Defendant’s vehicle, prior to proceeding to the crosswalk, the deceased was standing on the crosswalk, that the instant accident occurred while driving the Defendant’s vehicle over speed in violation of the speed limit, and that G did not take all measures to avoid the instant accident, the Defendant’s assertion of exemption from liability is without merit. However, the Defendant’s assertion of exemption from liability is without merit: (a) the deceased’s negligence without permission in violation of the signal, and as such, the deceased’s negligence was caused by the deceased’s negligence; (b) the deceased’s liability is limited to 50% in light of the various circumstances indicated in the oral argument, and thus, the Defendant’s liability is limited to 50% in consideration of various circumstances.

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