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(영문) 서울중앙지방법원 2015.07.24 2014가단221744
손해배상(자)
Text

1. The Defendant against Plaintiff A, respectively, KRW 51,220,437 and each of the said amounts.

Reasons

1. Occurrence of liability for damages;

A. (1) On June 12, 2014, E driven a FF-learning car (hereinafter referred to as “Defendant vehicle”) and proceeded to turn to the west from the Myeon Office to the west at the right of the Myeon Office at the right of the front of the Myeon Office located at the right of the front of the Myeon Office at the right of the public road at the right of the public road, and the front part of the H-to-hand driving of the network G (hereinafter referred to as “the network”) driven from the west to the right of the left of the left of the public road at the right of the Defendant’s driving.

(2) As a result, the Deceased died on June 21, 2014, when he/she received treatment at a single university hospital of 201 in the south-gu, Dong-gu, Chungcheongnam-gu, Seoul.

(3) The plaintiff A is the deceased's spouse, and the plaintiff B, C, and D is the joint heir as the deceased's children, and the defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the defendant's vehicle.

[Ground for recognition: Facts without dispute, Gap 1 through 4, 9 through 10, 13, 14 (including branch numbers if there are tentative numbers; hereinafter the same shall apply)

(2) The grounds of appeal No. 1

B. According to the above recognition of liability, the defendant is responsible for compensating the deceased and the plaintiffs for the damages caused by the accident of this case.

C. In general, the driver of a motor vehicle who operates a road with a median line installed along his/her own bus line is trusting the operation of the motor vehicle which is driven along his/her own bus line. Thus, barring any special circumstance that could anticipate the abnormal operation of the motor vehicle of the other party, the other motor vehicle does not have the duty of care to anticipate the abnormal operation of the motor vehicle by entering the median line until it intrudes the median line. In this case, even if the above driver of the motor vehicle had driven the motor vehicle beyond the speed limit, it cannot be caused by negligence solely on the ground that it was caused by such circumstance, and it would not have been caused by the other motor vehicle.

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