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(영문) 서울중앙지방법원 2016.06.23 2015가단5074933
손해배상(자)
Text

1. The Defendant’s KRW 53,775,958 with respect to the Plaintiff and KRW 5% per annum from August 24, 2014 to June 23, 2016.

Reasons

1. Occurrence of liability for damages;

A. In fact 1) B, around 05:00 on August 24, 2014, the passenger car C (hereinafter “Defendant car”).

) A driving of the Do of Gwangju City, the way ahead of the bus stops 2-ri bus stops in the city of Gwangju, from the mast to the grostal malian on the side of the Mastro. They were driving by D in the middle part of the city of Gwangju (hereinafter referred to as “Plaintiff Obane”).

2) The instant accident was shocked (hereinafter referred to as “instant accident”).

(2) A) A (hereinafter “the deceased”) died due to the instant accident.

3) The Defendant is an insurer who has concluded a comprehensive automobile insurance for Defendant’s automobile. 4) The Plaintiff is the father of the Deceased.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 3, 9 through 12, the purport of the whole pleading

B. The Plaintiff asserts that the instant accident occurred due to the negligence of the Defendant’s driver who failed to perform his duty of slowly, and thus, the Defendant is liable to compensate the deceased and the Plaintiff for the damages caused by the accident.

The defendant asserts that since the defendant's driver could not anticipate and avoid the occurrence of the accident of this case, he did not have any negligence, and that the accident of this case occurred by the whole negligence of the deceased, the defendant should be exempted from liability.

However, the evidence submitted by the Defendant alone that the driver of the Defendant’s automobile did not neglect to pay attention to the operation of the automobile (see Article 3 subparag. 1 of the Guarantee of Automobile Accident Compensation Act).

Rather, the instant accident place constitutes an intersection where traffic is not controlled (see Article 31(1)1 of the Road Traffic Act). However, Defendant passenger car drivers did not go through (see Article 31(1)1 of the Road Traffic Act), and such an act appears to have contributed to the occurrence and expansion of the instant accident, so it is deemed that Defendant passenger car drivers were negligent.

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