손해배상(자)
1. The Defendant’s KRW 43,083,60, Plaintiff A, B, D, E, F, G, and H respectively for KRW 31,957,378 and each of the said money. < Amended by Presidential Decree No. 23508, Jan. 1, 2019>
1. Occurrence of liability for damages;
A. 1) On March 14, 2019, J: (a) around 01:20 on March 14, 2019, K FH6x2 Track (hereinafter “Defendant vehicle”).
) A driving of a vehicle and driving a vehicle into Daegu-gu, the point of 48.9 km from the Changwon to the Changwon-gu direction at a point of 48.9 km in the Middle Sea which is located in the Pagu-gu. J received the rear part of the MPoter II cargo vehicle driving ahead of L which is driving due to the influence of alcohol level 0.068% alcohol level by blood alcohol level (hereinafter “instant accident”).
(2) L died on March 19, 2019, while receiving cerebral blood or cerebral cerebral cerebral dye treatment caused by an accident.
(hereinafter referred to as “the deceased”). 3) The Plaintiffs are siblings and inheritors of the deceased, and the Defendant is a mutual aid project operator who has entered into a mutual aid agreement with the Defendant’s vehicle. [Grounds for recognition] The Defendant is a mutual aid project operator who has entered into a mutual aid agreement with the Defendant’s vehicle (including the case where there is a serial number; hereinafter the same shall apply).
- The purport of the whole pleadings
B. As the deceased died due to the operation of the Defendant’s vehicle, the Defendant is liable to compensate for the damage caused by the death of the deceased as a mutual aid business operator of the vehicle.
The defendant asserts, by his negligence, the drunk driving and the unfolding of safety belts.
In light of the fact that the deceased’s driver on the same vehicle (N) did not drink the alcohol, the police officer could not check the deceased’s smell, and the abnormal behavior of the deceased after the accident is understood due to serious head injury, etc., it is difficult to recognize the facts of the deceased’s driving of alcohol solely based on the evidence submitted. Even if the deceased’s driving of alcohol was conducted by the deceased, it is difficult to recognize that it contributed to the occurrence of the instant accident and the expansion of damage in light of the circumstances of the accident.
There is no evidence to prove the fact that the deceased did not wear a safety belt.
The defendant's limitation of liability is without merit.
2. The period of time for calculating the scope of liability for damages shall be calculated on a monthly basis and shall be the last month.