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(영문) 서울중앙지방법원 2015.08.20 2014가합25745

손해배상(기)

Text

1. The defendant's 16,305,353 won, 10,203, 569 won, and each of them to the plaintiff (appointed party).

Reasons

1. Occurrence of liability for damages;

A. The facts subsequent to the recognition of liability do not conflict between the parties, or may be recognized by comprehensively taking account of the overall purport of Gap evidence Nos. 1, 2, 7, Eul evidence Nos. 6-7, 22, and Eul evidence Nos. 7, 8-2, and Eul evidence Nos. 8 (hereinafter referred to as "asea driver") and the whole purport of oral pleadings. A) A (hereinafter referred to as "asea driver") driven a FIsta taxi (hereinafter referred to as "asea vehicle") around January 3, 2014, while driving a Hasta taxi (hereinafter referred to as "asea vehicle") on the right-hand distance from the front of the complex terminal located in the Dong-dong, Daejeon-dong, Daejeon (hereinafter referred to as "the road in this case"). Around 60 km/h 77 km/ 79.2 km from the speed of the road in this case to the left-hand side of the crosswalk (hereinafter referred to as "the road in this case").

(hereinafter “instant accident”). As a result, the Deceased died due to severe brain damage on the same day at around 04:42, and H suffered injury in need of approximately 12 weeks of treatment.

B) As to the instant accident, a marine driver was indicted by occupational injury and was sentenced to two years of the suspended sentence of imprisonment without prison labor for August (Seoul District Court Decision 2014Da1474 decided October 2, 2014), and the judgment became final and conclusive through the appellate court, the Plaintiff (Appointed Party) is the deceased’s wife and the remaining designated parties are the deceased’s children.

【Plaintiff, etc.” (hereinafter referred to as “Plaintiff, etc.”) includes Plaintiff (Appointed Party) and other designated parties. The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with respect to available sea vehicles.

2) According to the facts of the above recognition, the Defendant is liable to compensate for the damages suffered by the deceased and the Plaintiff, who is the bereaved family member of the deceased, as a mutual aid business operator of a hazard vehicle. B. Each description of the evidence Nos. 9, Nos. 6 and 8 (including the paper number), and the evidence Nos. 4 and 5 (the Plaintiff, etc.) and each video of the evidence Nos. 4 and 5 (the evidence No. 4 photograph No. 5).