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(영문) 의정부지방법원 2016.08.19 2015가단115527
손해배상(자)
Text

1. The defendant,

A. As to the Plaintiff A’s KRW 41,523,105 and each of the above amounts, 59,034,658, Plaintiff B, C, and D respectively.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) E is the Frank Frank around 01:00 on January 15, 2015 (hereinafter “instant truck”).

3) On the same day, G driven the instant truck without installing a triangulation and a flame signal, etc. on the side side of the expressway, while driving at a point of 112.8 km from the Daegu to the Yongcheon-si located in the Jinsan-si Incheon Metropolitan City, G driven the instant truck without discovering the instant truck from the side of the expressway to the third line. At around 04:21 on the same day, G driven the instant truck on the four-lane of the said expressway, while driving the instant truck, which was stopped on the side (hereinafter referred to as the “instant accident”). D was unable to find the instant truck parked on the side as above (hereinafter referred to as the “instant accident”).

(2) At around 05:51 on January 15, 2015, G died due to the foregoing accident with a physical sense by chest pressure at the J Hospital located in Daegu-gu, Daegu-gu, as a private person.

(3) The Plaintiff’s spouse, Plaintiff B, C, and D are the deceased’s children, and the Defendant is the insurer that the instant cargo vehicle was a party to the instant cargo. 4) The Intervenor’s successor to the Plaintiff A (hereinafter “Successor”) paid the survivors’ pension to the Plaintiff and paid KRW 5,585,530 to the Plaintiff as the survivor’s pension until June 24, 2016, as a person who subrogated the Plaintiff under Article 114 of the National Pension Act with respect to the right to claim damages against the Defendant of the Plaintiff, who is the beneficiary.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6, 8, 9, Eul evidence 1, Byung evidence 1, Byung 1 through 7 (including the number of each branch), and the purport of the whole pleadings

B. According to the basis of liability and the recognition of the above-mentioned 1, although the location of the accident in this case has decreased from four lanes to three lanes, it is not a motor vehicle stop on the side of the road without any inevitable reason, E is on the side, which is an accident site without installing a triangulation and flame signal on the side without any inevitable reason, such as breakdown, etc.

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