(영문) 서울중앙지방법원 2021.02.04 2019가단9109

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(영문) 서울중앙지방법원 2021.02.04 2019가단9109

손해배상(자) 청구의 소

Text

1. The Defendant’s 405,679,068 won to Plaintiff A, 261,645,157 won to Plaintiff B, and 261,645,157 won to Plaintiff C and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) around 14:15 on January 6, 2019, E driven a FF passenger vehicle (hereinafter “Defendant vehicle”) and driven a single lane in the middle of the two-lane of the 2-lane of the Gyeongwon-gun in the Gyeongwon-gun in the Hanwon-gun, the 2019-2-round 14:2, the Plaintiff’s G passenger vehicle for the Plaintiff A driver (hereinafter “Plaintiff”) who was driving in the opposite direction while driving in the opposite direction beyond the central line and driving in the opposite direction (hereinafter “the instant accident”). At the time of death of the Plaintiff’s senior passenger vehicle, H was a mutual aid program for the fetus’s stillbirth due to the instant accident in the state of pregnancy 20 weeks, which entered into a mutual aid agreement with the Defendant 3 (hereinafter “Defendant 3”).

4) Plaintiff A is the deceased’s spouse, and Plaintiff B and C are the parents of the deceased, and the Plaintiffs inherited the deceased’s property.

【Unsatisfyed Facts, Gap’s statements or images, and the purport of the whole pleadings, as stated in Gap’s evidence 1 through 5, 14 through 19, 25, 27, Eul’s evidence 8 through 12 (including branch numbers)

B. According to the above recognition of liability, the deceased died due to the operation of the Defendant vehicle, and the fetus was still still in pregnancy, barring special circumstances, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as a mutual aid business operator of the Defendant vehicle, unless there are special circumstances.

(c)

However, the limitation of liability is limited, if the deceased was on board the vehicle, but he did not wear the safety belt despite being required to wear the safety belt, and such errors by the deceased contributed to the occurrence of the instant accident and the expansion of damage. Therefore, in calculating the damages to be compensated by the defendant, it shall be taken into account in calculating the damages to be compensated by the deceased, but it shall be on the back seat, as the deceased cannot wear the safety belt in a state of pregnancy

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