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(영문) 의정부지방법원고양지원 2015.01.08 2014가단50602
손해배상(자)
Text

1. The Defendant: (a) from August 24, 2013 to Plaintiff A, KRW 24,358,152, Plaintiff B, and C, respectively; and (b) from August 24, 2013 to each of them.

Reasons

1. Basic facts

A. D around August 24, 2013, as a person engaged in driving of E tea (hereinafter “the instant truck”), D used the instant truck at the site of the Gangnam-gu Seoul F Hotel Construction Work to load and unload a meritorious shop which G loaded on H5 tons of freight trucks.

B. D: (a) At the time, 80,000 plate of merit was combined with 20 lines each at the time; (b) 20 remaining one line was not combined; (c) the loading condition of the plate of merit was less than 5 lines each time; and (d) 100 of the above 5 lines was somewhat short, 100 plates were cut off at one time without verifying the fact that 100 plates were cut off on the instant truck rail and cut off the trees covered under the above 10 plate while having the above 20 plate of merit, which was not covered by the above G, fall into the center of the floor, and fell into the floor, and the 20 plate of merit, which was crashed with the concrete structure located on the floor by falling into the above G.

(hereinafter referred to as “instant accident”). C.

G was under medical treatment due to brain infection in Samsung Seoul Hospital on September 12, 2013 due to the instant accident, and was eventually killed with a parosis around 11:17.

The deceased G’s heir has Plaintiff A, A, and C, who is the spouse, and the Defendant is the insurer who concluded the automobile insurance contract concerning the instant forkives.

[Ground of Recognition] A1 through 5, 8, 9, 12-1, 2, 12-2, 1, 2-2, 3-1 through 3, 4-1, 2, 5-1, 4, 5, 6-1, 2, 4, 7-1, 7-1, 2, and 3-1, 3-1, 2, and 3-2, and the purport of the whole pleadings

2. Occurrence of and limitation on liability for damages;

A. According to the above recognition of the liability for damages, the accident of this case is adequate above that it should be ensured that D would not fall down by ascertaining the status and loading status of merit, during the operation of the fore-board vehicle of this case.

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