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(영문) 서울중앙지방법원 2014.08.26 2013가단69444
손해배상(자)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from October 12, 2011 to August 26, 2014.

Reasons

1. Occurrence of liability for damages;

A. On October 12, 201, B: (a) around 09:22 October 12, 201, B is a special motor vehicle of C25 metric tons (hereinafter “Defendant vehicle”).

) A network D (hereinafter referred to as “the network”) operated by driving on a Matern Maternba in front of the Materna, Materna (hereinafter referred to as “the network”) to the left-hand left-hand in accordance with the new sub-paragraph (hereinafter referred to as “the network”) from the Matern Maternba to the Matern Baba in front of the Matern

2) The Plaintiff’s vehicle shall be the Plaintiff’s vehicle (hereinafter “Plaintiff”)

) On the right side of the Defendant vehicle, the deceased suffered injuries, such as food disorder, etc. due to the underfluence of external wound, etc., on the front part of the Defendant vehicle, and the Plaintiff Company F, who was accompanied by the Plaintiff vehicle, caused the death immediately after the accident (hereinafter “instant accident”).

2) On December 21, 2012, the Deceased died as a multi-presidential period due to the diversification of workplace cancer around 02:05, while receiving hospitalized treatment at the hospital after the instant accident.

3) As the bereaved family members of the Deceased, the Plaintiff and Nonparty G, H, I, and J, who are their children. On July 20, 2013, the said bereaved family members agreed on the division of inherited property with the purport of the Plaintiff’s damage claim against the Defendant due to the instant accident, to solely inherit the damage claim against the deceased. 4) The Defendant is the insurer that entered into an automobile comprehensive insurance contract with respect to the Defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, 18, 19, 21 through 23, Eul evidence 1 (including each number), the purport of the whole pleadings

B. According to the facts of recognition of liability, the defendant is liable to compensate the damage suffered by the deceased and his bereaved family as the insurer of the defendant vehicle.

C. Limit of liability: (a) there is negligence on the deceased who did not wear a safety level, and such negligence is deemed to have contributed to the expansion of damage caused by the instant accident; (b) so, the Defendant.

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