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(영문) 서울중앙지방법원 2019.09.25 2018가단5183043

손해배상(기)

Text

1. As to the Plaintiff A’s KRW 230,115,964, Plaintiff B, and C, respectively, and each of the said money, November 4, 2017.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) E is a dump truck around 10:07 on November 4, 2017 (hereinafter “Defendant vehicle”). E is a dump truck of F8 tons (hereinafter “Defendant vehicle”).

) A network H (hereinafter referred to as “the network”) in front of the Defendant’s vehicle due to its breach of the duty of care, while driving the two-lanes of the two-lane road in front of G in front of the Southyang-si, in front of G, in front of the J, while living well in front of and driving on both sides and right and right in front, despite the duty of care to safely drive the vehicle.

(ii)the part of the above part of the Oral Ba, without discovering the Ial Ba which was driven by it, was shocked into the front part of the Defendant’s vehicle’s right part (hereinafter referred to as “instant accident”).

2) The Deceased died due to the instant accident. The deceased died due to brain injury.

3) The Plaintiff’s spouse, Plaintiff B, and C are the deceased’s children, and the Defendant is the business operator who entered into a mutual aid agreement on the Defendant’s vehicle. The Defendant is the business operator who did not have any dispute with the Defendant’s vehicle (based on recognition), the evidence Nos. 1-10, 18-28, and Nos. 1 and 2 of the deceased’s spouse, Plaintiff B

each entry, video, and the purport of the whole oral proceedings

B. According to the above facts, as the deceased died due to the operation of the Defendant’s vehicle, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident, barring special circumstances.

C. According to the above evidence limitation, the road in this case is a two-lane road along the running side of each vehicle, and there is a space for the neighboring buildings on the right side of the road, and the deceased is trying to enter the two-lanes from this space by driving an Ortobane.

However, the Deceased, without entirely entering the two-lanes immediately before the instant accident, appears to have proceeded close to the Defendant’s vehicle while driving between the two-lanes of the road or between the side and the two-lanes. If this situation is to be seen, the Deceased’s attempt to completely enter the two-lanes.