(영문) 대구지방법원 2015.11.12 2014가단49637

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.11.12 2014가단49637

손해배상(자)

Text

1. The Defendant: (a) KRW 63,640,243, Plaintiff B, and Plaintiff C respectively for KRW 63,640,162 and each of the said money to Plaintiff A on September 7, 2014.

Reasons

1. Basic facts

A. At around 01:20 on September 7, 2014, D, driving a vehicle E (hereinafter “Defendant’s side”) caused an accident (hereinafter “instant accident”) resulting in the death of a passenger taxi running on the back of the said taxi (hereinafter “the network”) due to the collision of a business-use taxi running along the median line due to the negligence of driving the central line, while driving the road in front of the G store in Daegu Water-gu F from the direction of the center of the center of the center of the route.

In the instant accident, the deceased and I, who was on the si, were on the si in the instant accident, were suffering from a fluent aggregate that requires approximately 10 weeks of treatment, and J, including four or more cages that require approximately 9 weeks of treatment, and K, who is the above si driver, suffered from a fluent aggregate that requires approximately 4 weeks of treatment.

B. Plaintiff A’s wife, Plaintiff B, and Plaintiff C are the deceased’s children.

The defendant is the insurer of the defendant's vehicle.

[Ground of recognition] Evidence Nos. 1-1, 2, 9-2, 3, and 4-2, 3, and 4, the purport of the whole pleadings

2. According to the facts acknowledged as above, the Defendant, as the insurer of the Defendant’s vehicle, has the duty to compensate the Plaintiffs, who are the deceased and their bereaved families, for the damages caused by the instant accident.

However, according to the evidence Nos. 9-3, 1, 2, and 3, it is recognized that the deceased did not wear a safety level at the time of the instant accident. The deceased's negligence also caused the expansion of damages caused by the instant accident.

Therefore, in determining the amount of damages against the plaintiffs, it is reasonable to consider it as 10% of the deceased's negligence in light of all circumstances such as the background of the accident in this case, etc. Therefore, the defendant's responsibility is limited to 90% of the remainder.

3. It shall be in addition to the matters stated separately below the scope of the liability for damages.

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