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(영문) 부산지방법원 2017.07.18 2016가단344779
손해배상(자)
Text

1. The Defendant: KRW 75,00,000 to the Plaintiff (Appointed Party); KRW 75,000,000 to the Appointed Party B; and each of them on April 2016.

Reasons

1. Basic facts

A. On April 14, 2016, at around 04:55, C driven a vehicle E (hereinafter “first vehicle”) on the front of Jindo-gun, Jindo-gun D, Jindo-gun, and driven the pharmaceutical mar (a structure of 230 cm wide, 766 cm long, used in reducing nutritional elements in the Gim-gun) onto the train for transport. However, as the pharmaceutical mar was loaded onto the central line and pushed the opposite line, C had the pharmaceutical mar covered by the central line and pushed the said pharmaceutical mar to the opposite line.

However, the G Driving’s H (hereinafter “Second Vehicle”) which was driven by the center line, caused the death of the G Driving’s H (hereinafter “the instant accident”) caused by the Plaintiff’s car, which had been pushed the center line without discovering the stringer and shocking the stringer.

B. The Plaintiff (Appointed) and the Appointed B (hereinafter “Plaintiffs”) are unmarried parents of F, and the Defendant is an insurer who concluded a liability insurance contract with respect to vehicles 1 and a comprehensive insurance contract with respect to vehicles 2.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 3, the purport of the whole pleadings

2. Occurrence of and limitation on liability for damages;

A. According to the facts of recognition as to whether the first insurer of the instant vehicle is liable for damages, the point where the instant accident occurred is the first insurer of the instant vehicle, which is a road with the center line of yellow solid lines, and the first driver of the instant vehicle, who is a driver of the instant vehicle, is negligent in towing the instant vehicle with the duty of care to safely proceed on his own vehicle without harming the central line, and thus, the instant accident occurred. Therefore, the Defendant, the first insurer of the instant vehicle, is liable for damages caused by the instant accident.

(b) as the insurer of the second vehicle;

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