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(영문) 서울중앙지방법원 2014.11.28 2014가단69878

손해배상(자)

Text

1. The Defendant’s KRW 353,475,076 as well as 5% per annum from November 21, 2013 to November 28, 2014 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) New Intervention is a freight B (hereinafter “Defendant vehicle”) around 06:05 on November 21, 2013, 2013.

) A driver is driving, while proceeding three-lane roads at approximately three km 328.3km along the west Coastal Expressway located in the west-dong of Sinung-si in Sinung-si, with three-lanes on the breath ethbbbbbbbing from the breathan ICT, and is negligent in neglecting the duty of front-time watching, while neglecting the duty of front-time watching, the rear part of the C driver’s D car and the truck, being moved to the front part of the Defendant’s vehicle, being accompanied by the front part of the Defendant’s vehicle (hereinafter referred to as “net”).

) The injury caused the death of the Plaintiff due to low-weight shocks (hereinafter “instant accident”).

(2) The Plaintiff is the mother of the Deceased, and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with the Defendant’s vehicle.

3) On December 4, 2013, NF, the decedent of the deceased, filed a report on the renunciation of inheritance with the Suwon District Court’s Ansan Branch 2013-Ma1623, which renounced the deceased’s inheritance, and was tried on December 31, 2013 by the above court for acceptance of the report from the above court on December 31, 2013. [Grounds for recognition] There is no dispute, and the entries and images of Gap’s Nos. 1, 3, 5, 9, 11, and Eul’s evidence Nos. 7 through 28 (including each number, and the purport of the entire pleadings)

B. According to the facts of recognition of liability, the defendant is liable to compensate the damage suffered by the deceased and his bereaved family as a mutual aid business operator of the defendant vehicle.

C. As to the Defendant’s claim on limitation of liability, although the Defendant was negligent in driving the Defendant’s vehicle at the time of the instant accident, or neglecting to drive the vehicle on the front line due to driving the vehicle, the Deceased was not urged to drive the vehicle on the front line. Moreover, given that the Deceased did not wear safety belts at the time of the accident, the Defendant’s negligence should be considered in determining the Defendant’s liability for damages. Moreover, the Deceased’s failure to wear the safety belts, which led to the reduction of the number of the passengers on the front line.