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(영문) 서울중앙지방법원 2016.08.17 2014가단5257939

손해배상(자)

Text

1. The Defendants jointly share KRW 128,132,155 to Plaintiff A, and each of the said amounts to Plaintiff B, KRW 123,132,155, and KRW 123,132,155.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) Defendant C’s car Drens II around April 26, 2014 (hereinafter “Defendant 2”) around 05:28, 2014

In order to check the condition of Defendant 2’s vehicle while driving a motor vehicle on the right side while the three-lanes of the two-lanes of the East-gu exclusive road, which is an exclusive road in Dongdaemun-gu Seoul Metropolitan Government, are moving from the educt intersection to the educt intersection, the three-lanes of the two-lanes were moving to the emergency parking area on the right side in order to check the condition of Defendant 2’s vehicle. At that time, the F was moving to the educt. In this case, the Defendant C had a duty of care to prevent the accident by checking in advance whether a motor vehicle is parked in the emergency parking area prior to entering the emergency parking area, and by checking well the right and the right and the right and the right and the right and the right and the right and interest of the H driver’s vehicle (hereinafter “Defendant 1”). Nevertheless, the Defendant C neglected to check the front and the right and without having entered the emergency parking area.

(C) Defendant C received the back portion of the left side of Defendant 2’s vehicle from the right side of Defendant 2’s vehicle. Defendant C by negligence, as seen above, caused the death of the F due to cerebral brain injury in the workplace (hereinafter referred to as “the deceased”). The above accident is referred to as “the instant accident”, and a field map prepared by the police at the time of the instant accident shall be attached to the attached Form.

(2) The plaintiff A is the father of the deceased, the plaintiff B is the deceased's mother as his mother, and each deceased's legal heir, the defendant National Freight Trucking Association is a person who has entered into a mutual aid agreement with the defendant 1, and the defendant 2 vehicle owner is the defendant 2 vehicle owner.

[Ground for Recognition: Unsatisfy, Gap evidence 1 to 9 (if there is a tentative number, including a branch number; hereinafter the same shall apply)

each description or image of the Commission;