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(영문) 부산지방법원서부지원 2020.04.28 2019가단108754

손해배상(자)

Text

1. The Defendants jointly share KRW 336,266,052 to Plaintiff A, and KRW 224,177,368 to Plaintiff B, and each of the said money. < Amended by Presidential Decree No. 23568, Jan. 1, 2019>

Reasons

1. Basic facts

A. At around 12:40 on May 12, 2019, Defendant D suspended H-car (hereinafter “H-car”) from the Fracker G ticket located in Yangsan-si, E, and subsequently, Defendant D, while proceeding in the Fracker’s direction, caused the death of the network I (hereinafter “the deceased”) on the job, who was protruding on the right-hand side of the proceeding direction by negligence undergoing X-ray instead of brack.

(hereinafter “instant accident”). (b)

Plaintiff

A is the husband of the deceased, and the plaintiff B is the deceased's children, and the defendant C Co., Ltd. (hereinafter "the defendant company") is the insurer who entered into a comprehensive automobile insurance contract with the defendant D against the sea-going vehicle.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 4, 10, 14 (including a serial number; hereinafter the same shall apply), the Yangsan Police Station of this Court, J Hospital, Busan Branch of Busan District Office of National Health Insurance Corporation, Busan Regional Headquarters of National Health Insurance Corporation, Kim Maritime Affairs Office of the Republic of Korea, and Kdong Community Center, the result of each fact inquiry on the Kim Jong-il of the National Health Insurance Corporation of this Court, and the purport of the whole pleadings.

2. According to the above recognition of the liability for damages, Defendant D is a driver and operator of a sea-going vehicle, and Defendant D is liable to compensate the deceased and the plaintiffs for damages caused by the accident of this case as the insurer of the sea-going vehicle, unless there were special circumstances, in spite of the occupational duty of care to prevent the accident by accurately manipulating the operation of brakes, steering gear, etc. and operating the steering system and steering gear.

3. The period of time for calculating the scope of liability for damages shall be calculated on a monthly basis in principle, but the last month.