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(영문) 서울중앙지방법원 2017.01.13 2016가단82585

손해배상(자)

Text

1. As to Plaintiff A’s KRW 22,909,09,090, Plaintiff B, C, D, and E, respectively, and each of the said money. < Amended by Presidential Decree No. 23663,7980, Oct. 1, 2015>

Reasons

1. Occurrence of liability for damages;

A. 1) The F is the Defendant’s vehicle at around October 22, 2015 (hereinafter “Defendant’s vehicle”) around 05:16, 2015.

) A one-lane road in H in the southyang-si city of South Korea was driven by the driver, and the part after the removal of waste was taken as the front part of the Defendant’s vehicle (hereinafter “instant accident”). The part after the removal of waste was carried out in the part after the waste collection vehicle stopped in the front section of the vehicle.

(2) On March 6, 2016, the instant accident led to the death of a multi-long term unit.

(B) The Defendant, as the insurer of the Defendant vehicle, is liable for the damages suffered by the deceased and their bereaved family members, as the insurer of the Defendant vehicle. The Defendant asserts that the Defendant’s negligence on the part of the deceased, etc., who did not take safety measures at night, contributed to the occurrence of the instant accident, and thus, the Defendant’s liability should be limited. The Plaintiff, who stopped at the location of the instant accident, clarified emergency, etc., and carried out work, etc., and the Deceased’s work, was the child of the deceased, and the Defendant was the insurer of the instant vehicle. According to the fact of recognition of liability, the Defendant, as the insurer of the Defendant vehicle, is liable for compensation for the damages suffered by the Plaintiffs, who were their bereaved family members. The Defendant claimed that the Plaintiff, etc., while carrying out waste collection work at the location of the instant accident, did not take safety measures at night, contributed to the part corresponding to the instant accident, and the Defendant’s liability should be limited. The Defendant’s waste collection vehicle stopped at the point of the instant accident.

In full view of these circumstances, the accident of this case was due to the duty of care to easily discover and stop a waste collection vehicle that F stops.