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(영문) 서울중앙지방법원 2016.01.12 2015가단63778

손해배상(자)

Text

1. As to the Plaintiff A’s KRW 115,627,48, Plaintiff B, and C, respectively, KRW 71,930,185 and each of the said money. < Amended by Act No. 12825, Dec. 14, 2014>

Reasons

1. Occurrence of liability for damages;

A. 1) The Defendant is a D Co., Ltd. and E3.5 tons truck (hereinafter “Defendant truck”).

2) On December 14, 2014, G salary-francing vehicles (Ma2) driven by F, as set forth below, stopped in three-lanes among three-lanes due to breakdowns in the net mountain tunnels located in 42-5, the Yan City, Ansan-si, the Yan City, Seosan-si, and towing vehicles (Ma3) in front of the said vehicle.

이때 J은 07:30경 피고 트럭(#1)을 운전하여 제한속도 100km /h의 위 도로를 71~80km /h의 속도로 진행하다가 졸음운전으로 위 봉고프런티어 차량의 후미를 들이받았고, 그 충격으로 위 봉고프런티어 차량이 앞으로 튕겨져 나가 그 앞에 있는 견인차량을 충격하면서 그 사이에서 작업 중이던 H이 차량 사이에 끼어 현장에서 사망에 이르게 되었다

(hereinafter referred to as “the instant accident,” hereinafter) The Plaintiff’s spouse, the Plaintiff B, and C are the deceased’s children. [The grounds for recognition: (a) the facts of no dispute, A’s evidence, evidence Nos. 1 through 5, 11, 12, 13, and 16, evidence No. 16, and the purport of the entire pleadings.

B. According to the above recognition of liability, the defendant is liable to compensate for the damage suffered by the deceased, etc. due to the accident in this case as a mutual aid business operator.

C. The Defendant’s argument regarding the Defendant’s assertion is that: (a) the view that the view of the tunnel was restricted at night; and (b) the Deceased failed to take safety measures for towing operations; (c) although the Defendant’s truck driver took safety measures to a certain extent without any specific limit in the field, it is difficult to deem that there was any negligence on the Deceased in that the instant accident occurred due to the fault that the Defendant’s truck driver driven

2. Except as otherwise stated below within the scope of liability for damages, the calculation shall be the same as each corresponding item in the separate list of damages calculation.