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(영문) 부산지방법원 2015.06.11 2014가합52813

구상금

Text

1. The Defendants: KRW 97,690,689 for each Plaintiff and KRW 5% per annum from July 1, 2014 to June 11, 2015.

Reasons

1. Basic facts

A. The Plaintiff’s status as a party is a mutual aid business entity that entered into a mutual aid agreement with the Dongyang Port Co., Ltd. on B treatment 25 tons of a stable truck (hereinafter “Plaintiff”), and the Defendant A is a person who attached and operated the shower (hereinafter “the shower”) to D, E, E, and the Defendant S, E, Inc. (hereinafter “Defendant Company”) is the owner of the above shower and shower.

B. At around 19:30 on March 13, 2012, Defendant A parked the shower of this case on the side of the F building located in Busan Southern-gu, which transported the shower of this case to Defendant A, and parked the shower of this case on the side of the F building located in Busan-gu.

C. At around 19:55 on March 13, 2012, G where the instant accident occurred, driving the Plaintiff’s vehicle and moving the front railroad crossing to the direction of the parking lot within the F Building in the direction of the intersection of the new Seoul apartment.

Since there is a railroad crossing with a blocking device, G had a duty of care to drive safely by checking whether there is a train operating a railroad crossing, or there is an obstacle impeding the passage in the direction direction.

Nevertheless, G neglected its duty of care and operated to the left-hand side of the progress direction where the shower of this case was parked in order to avoid the Defendant’s vehicle driven in front of the moving direction of the Plaintiff’s vehicle, and the rear part of the Plaintiff’s vehicle loaded did not pass the said railroad crossing completely due to the shower of this case, and stopped in some parts above.

Due to such negligence, the part of the engine's left-hand side and the parts of the vehicle loaded on the plaintiff's vehicle were inferred before the left-hand side of the engine driving on the right-hand side from the full-hand side of the plaintiff's vehicle.

그 충격으로 원고 차량 적재함이 우측으로 튕기면서 위 적재함 뒤쪽에 서 있던 H은 원고 차량 적재함 뒷부분에 맞아 위...