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(영문) 서울고등법원 2018.05.17 2017나2067446

손해배상(기)

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1. The judgment of the first instance, including the claims of the Plaintiff’s succeeding intervenor expanded and reduced in this court, is next to.

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff A (hereinafter “the deceased”) died in the following circumstances: (a) Plaintiff A (hereinafter “the deceased”).

The plaintiff B, C, and D are the wife of the deceased, and the plaintiff B, C, and D are the offspring of the deceased. 2) The plaintiff succeeding intervenor paid the survivors' pension following the death of the deceased to the plaintiff A.

3) Defendant F Limited Liability Company F (hereinafter “Defendant F”).

(B) A building waste disposal company, and Defendant E is a driver of pocles from Defendant F. The deceased’s death accident 1) was cut from Defendant F’s factory base located in Spocheon-si H on May 6, 2016, but the h beam (3m in length) was over the trees he/she intends to fell, and Defendant E requested Defendant E to take the h beam. Defendant E driving a pocles on the upper part of the h beam.

2) After doing so, Defendant E intended to get the sn beam beam on the ground, but the sn beam beamline extending over the snives fell into the ground and the snive beamline fell into the ground, and the Deceased was subsumed to the sn beam beamline in the above snives (hereinafter “instant accident”).

(3) Defendant E requested the work club L in the vicinity to report to 119. Defendant E transferred the deceased to the “J Hospital” located in Macheon-si, but died due to the reason, such as multi-growth donation around 10:37 on May 6, 2016.

C. 1) After the death of the deceased, the Plaintiffs jointly inherited the deceased’s property at the ratio of inheritance shares as a result of the death of the deceased. 2) The Plaintiff’s succeeding intervenor paid KRW 2,617,630 to the Plaintiff A the aggregate of the survivor’s pension from June 2016 to February 2018 due to the instant accident.

[Ground of recognition] The facts without dispute, Gap evidence 1 through 4, 10 evidence, Gap or 1 through 9 evidence (if there are several numbers, including each number; hereinafter the same shall apply), the testimony of the witness at the trial and the purport of the whole pleadings

2. Whether the Defendants are liable for damages

A. The Civil Code of Defendant E.

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