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(영문) 서울중앙지방법원 2016.12.16 2015가단5347761
손해배상(자)
Text

1. 6,121,950 won, which was acquired by subrogation before March 29, 2016, among the application filed by the Plaintiff’s succeeding intervenor A for intervention in succession.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant C is the Defendant’s Damar Roym Cor (hereinafter “Defendant’s vehicle”) around 20:32 December 2, 2012, as follows:

) The UTT100 Oral part of the E-driving, which was left turn to the left, in violation of the signal in the opposite part while three Eup/Myeon 4 Li-ri-ri was proceeding directly from the Myeon-ri-ri-ri-ri-ri-ri-ri-ri (hereinafter “instant accident”) by driving his/her vehicle and driving his/her vehicle, led the right part to the front part of the Defendant vehicle (hereinafter “instant accident”).

(2) E died due to the instant accident.

(hereinafter referred to as “E”) Plaintiff A is the deceased’s wife; Plaintiff B is the deceased’s child; Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter referred to as “Defendant Company”).

(B) The Defendant C is a driver of the vehicle, barring any special circumstance, and the Defendant Company is jointly and severally liable for the damages suffered by the Plaintiffs, who are the deceased and their bereaved family members, as the insurer of the vehicle.

2 The Defendants asserted that the instant accident is an accident attributable to the unilateral negligence of the deceased who violated at night the signal and that the Defendant C, who was directly engaged in under the new code, should be exempted from liability without any negligence.

The main text of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that "a person who operates an automobile for his own sake shall be liable to compensate for the damage when he dies or gets injured by another person due to the operation of the automobile," and provides that the driver shall not be negligent by intention or negligence. However, in the case of death or injury of a person who is not a passenger, he himself and the driver shall not be negligent in paying due attention to the operation of the automobile.

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