logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2019.12.17 2019가단31883
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 45,543,55,34 won, Plaintiff B, C, and D, respectively, and each of the said money on November 22, 2018.

Reasons

1. Occurrence of liability for damages;

A. At around 09:35 on November 22, 2018, “F” driven a cross-city bus (hereinafter “franchising vehicle”) and proceeded one-lane between the two-lanes of the Seopobsp in the vicinity of Sacheon City. A sea-going vehicle runs beyond the central line and tried to overtake the Ortobsp in excess of the central line, and returned to the lane, while he returned to the two-way road, the driver of Ortobspam in excess of the upper right Hatop with the upper right hnbp. A sea-going vehicle was driven with H with the lower right h, and H died.

(hereinafter “instant accident”. The Plaintiff’s spouse, the rest of the Plaintiffs are the deceased’s children, and the Defendant is a mutual aid business operator who entered into a motor vehicle mutual aid agreement with the accident vehicle.

【Ground of recognition】 The fact that there has been no dispute, Gap's evidence Nos. 1, 2, 6 through 8, 19, Eul's evidence Nos. 2 and 3 (including each number, hereinafter the same shall apply), the purport of the whole pleadings

B. Since the deceased died due to the recognition of liability and the operation of the limited driving vehicle, the defendant is liable to compensate the deceased and the plaintiffs for the damages suffered.

However, according to the above evidence, it is recognized that the deceased was negligent by neglecting the safety mother and expanding the damage (it is not accepted the remainder of the defendant's assertion in consideration of the following: (a) the deceased's failure to take the safety mother and the deceased's fault was committed prior to the sea-going vehicle; and (b) the overtaking vehicle failed to confirm the future after going beyond the central line at the intersection where it is prohibited to overtake and return it to the lane; and (c) the defendant's responsibility is limited to 90% by deeming the negligence as 10%.

2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 shall be discarded;

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

The Parties’ arguments.

arrow