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(영문) 수원지방법원 2018.08.10 2017가단533484
손해배상(자)
Text

1. The Defendant: (a) against Plaintiff A, KRW 77,821,88; and (b) against Plaintiff B and C, KRW 41,547,925, and each of the said money.

Reasons

1. Basic facts

A. On July 6, 2017, E, driving a F Village bus at the remote distance from the Geumpo Elementary School located in the Geumpo-si, Simpo-si (hereinafter “Ampo-si”), leading the deceased to the front part of the vehicle facing the network G where the crosswalk was walking along the crosswalk in accordance with the pedestrian signal (hereinafter “the network”) while bypassing from the gold-si to the Simpo-si, Simpo-si (hereinafter “Ampo-si”), resulting in the death of the deceased immediately due to a diversified long-term depression and the cardiopulmonary suspension due to credit.

(hereinafter “instant accident”). (b)

Plaintiff

A The deceased’s spouse, the Plaintiff B, and C are the deceased’s children, and the Defendant is the insurer who has entered into an automobile insurance contract with a harming vehicle.

C. E was prosecuted for the instant accident as a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death) and was sentenced to a suspended sentence of two years for one year from the Suwon District Court, on November 21, 2017, and the said judgment became final and conclusive around that time. During that process, E paid KRW 35 million to the Plaintiffs, who are the bereaved family members of the deceased, as agreed upon.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 12, 13 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts of recognition as above, the defendant, who is the insurer of the damage vehicle, is liable for damages suffered by the plaintiffs, who are the bereaved family members of the deceased and the deceased due to the accident in this case.

Although the defendant asserts that there was a negligence of not crossing the crosswalk because he predicted the vehicle moving to the deceased, it is difficult to recognize that the defendant has a duty of care to avoid the vehicle driving in violation of the signal to the deceased who crossing the crosswalk in accordance with the pedestrian signals. Therefore, the above argument by the defendant is without merit.

3. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 shall be discarded.

The amount of damages at the time of the accident.

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