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(영문) 울산지방법원 2015.05.15 2014가단23613
손해배상(자)
Text

1. The Defendant: KRW 1,319,103,224 to Plaintiff A; KRW 5,00,000 to Plaintiff B; and KRW 2,50,000 to Plaintiff C and D, respectively.

Reasons

1. Basic facts

A. On December 6, 2013, E was driving a 11 ton freight vehicle F.1 ton (hereinafter “f.A.”) and driving a f.11 ton freight vehicle on the front of the H real estate located in Ulsan-gun G in Ulsan-gun, and the place is a slope length for the vehicle at that time, with the vehicle’s height 17,800km, and the vehicle’s total weight was 35,030km on the vehicle at that time. Thus, the driver of the vehicle with a longer distance operated the brake system in advance in a safe way, without due care, while driving the vehicle in advance, without being bound by the duty of care to prevent the accident, and without due care to negligence in the course of the vehicle’s operation, and received the front part of the Plaintiff or the back part of the vehicle A. A.

(hereinafter “instant accident”). B.

Plaintiff

A suffered serious injury, such as climatic depression, in which the number of days of treatment cannot be known due to the instant accident, due to the absence of two open wound points.

C. The Defendant is an insurer who entered into an automobile comprehensive insurance contract with the above E, and the Plaintiff’s spouse, Plaintiff C, and D are Plaintiff A’s children.

[Ground of recognition] Unsatisfy, each period of Gap evidence 2 and 6 (including branch numbers for those with additional numbers), the purport of the whole pleadings

2. Occurrence of and restrictions on liability for damages;

A. According to the above facts, the defendant is liable for the damages suffered by the plaintiff A as the insurer of the instant sea vehicle.

B. Meanwhile, since the instant accident occurred at night at around 12:50, the Defendant asserted that the Plaintiff, as well as A, was negligent in failing to perform its duty to conduct defensive driving, such as engaging in emergency lights at night. As such, the Defendant also complies with the signal of the driver of the following vehicle.

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