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(영문) 대구지방법원 2015.10.23 2015나304202

손해배상(자)

Text

1. Of the judgment of the first instance court, the part against the Plaintiffs, which orders additional payment, shall be revoked.

Reasons

1. Basic facts

A. At around 00:42 on February 17, 2012, Defendant D, driving a G cafeteria at a speed of about 90 km away from the NC NN to the 2nd headquarters of the G G cafeteria at a speed of about 0 km from the ebC NN distance to the 2nd ebspence, Defendant D delayed discovered the road immediately preceding the front line of the Defendant D’s vehicle, which was crossing the road immediately preceding the direction from the right side of the vehicle to the left side of the vehicle (hereinafter “the network”). However, Defendant D was unable to avoid the situation, and the deceased was killed with the front part of the right part of the Defendant vehicle at a point of 4.3 to 7.7 meters away from the crosswalk, and accordingly, the deceased died from the ebspence hospital at a high-level university that was receiving treatment at around 03:01 on the same day.

(hereinafter “instant accident”). B.

Plaintiff

A is the father of the deceased, the mother of the deceased, and the plaintiff C is the mother of the deceased.

Defendant Jin-si Co., Ltd. is the user of Defendant D and the owner of Defendant vehicle, and the Federation of the Korea Passenger Transport Business Association is the mutual aid business entity that entered into a mutual aid agreement with Defendant Jin-si Co., Ltd. regarding Defendant vehicle

【Ground for recognition】 The fact that there has been no dispute, Gap's evidence Nos. 1, 2, 3, 5, 6, 7 (including Serial Numbers), Gap's evidence Nos. 11-15, 18, Eul's evidence Nos. 1, 2, 4, 5, 7, and the purport of the whole pleadings

2. Occurrence of and limitation on liability for damages;

A. According to the above facts of recognition, the Defendants jointly have a duty to compensate the Plaintiffs, who are the deceased and their bereaved families, for the damages caused by the instant accident.

B. However, even at night, the deceased was negligent in construction of a road at a certain distance from the crosswalk installed near the accident site, and such negligence is deemed to have caused the occurrence of the accident of this case and the expansion of damages. Therefore, it shall be considered in determining the amount of damages against the plaintiffs.

As to this, the plaintiffs, the plaintiffs.