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(영문) 서울중앙지방법원 2015.07.24 2013가단93157

손해배상(자)

Text

1. The Defendant’s KRW 49,068,392 as well as the Plaintiff’s KRW 5% per annum from October 16, 2012 to July 24, 2015.

Reasons

1. The occurrence of claims for the amount taken over;

A. (1) On October 16, 2012, at around 10:30 on October 16, 2012, B: (a) driven a C8 tons car truck (hereinafter “Defendant’s vehicle”); and (b) died on January 4, 2013, when the deceased was under medical treatment at a hospital by suffering from an open alley and an exposure to the left part of the network D’s right bridge on the left part of the road while he was under cleaning the road on the lot from the door door of a distribution center.

(2) The plaintiff is the mother of the deceased, and there is E, F, and G with his child, and the defendant is a mutual aid project operator who has concluded a mutual aid agreement with respect to the defendant's vehicle.

B. On January 2013, 2013, E, F, and G, the heir of the deceased, who is the mother of the deceased, transferred his share of inheritance inherited from the deceased and his claim for consolation money related to the death of the deceased. The Plaintiff delegated the notification authority of the assignment of claims through content-certified mail. The Plaintiff notified the Defendant of the said assignment by content-certified mail through the instant legal representative.

[Ground of Recognition: Facts without dispute, Gap evidence 1 through 5, 18 through 20, Eul evidence 7 through 33 (including each number; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

C. (1) According to the above facts of recognition as the cause of the claim, the defendant is liable to compensate the damage suffered by the deceased and their bereaved families due to the instant accident as an insurer of the defendant vehicle. Since E, F, and G, the inheritor of the deceased, transferred their inheritance rights, including the damage claim against the defendant inherited from the deceased, and their claim for consolation money, the defendant, barring any special circumstance, shall compensate the plaintiff, who is the mother of the deceased, the transferee of the damage claim, for the damage compensation for the instant accident and consolation money unique to the plaintiff.