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(영문) 서울중앙지방법원 2014.08.14 2012가단107493

손해배상(자)

Text

1. The Defendant: (a) against the Plaintiff A, KRW 84,663,04, KRW 52,275,336, and each of the said money to the Plaintiff B and C, respectively; and (b) on December 19, 2011.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 19:10 on December 19, 201, D driven a 11 ton truck of Hyundai E (hereinafter “Defendant vehicle”) and driven a four-lane road at the point of the 104.9 kilometer (on the side of the Dori-dong), which is located in the Dori-dong, through the Dori-dong, along four-lanes of the Dori-dong Road, from the Dori-dong branch of the Dori-dong Road at the Dori-dong branch of the Dori-dong branch of the Dori-dong branch of the Dori-dong branch of the Dori-dong branch of the Dori-dong branch of the Dori-dong branch of the Dori branch of the Dori-dong branch of the Dori branch of the Dori branch of the Dori branch of the Dori branch of the vehicle. However, D had a duty of care to ensure the safety of the route and prevent accidents by driving the vehicle.

(2) The plaintiff is the deceased's wife, the plaintiff B, and C, and the defendant is the business operator who entered into a mutual aid agreement with respect to the defendant's vehicle.

B. According to the above facts of recognition, since the accident of this case occurred due to the negligence of D, the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case.

C. The limitation of liability is presumed to have been on the side of the four-lanes, not the length of the side at the time of the instant accident. In such a case, the deceased neglected his duty of care to towing while driving the vehicles coming from the side of the four-lanes, and such failure shall be deemed to have caused the occurrence and expansion of damage caused by the instant accident. Therefore, the deceased’s fault shall be deemed to have been 25% and the Defendant’s liability shall be limited to 75%.

The defendant did not install a triangulation belt on the rear side of the towing vehicle, and the towing vehicle shall not be towed.