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(영문) 광주지방법원 2020.05.27 2019가단505666
손해배상(자)
Text

1. As to Plaintiff A’s KRW 28,535,946, Plaintiff B, C, D, and E respectively, 15,690,630 and each of the said money.

Reasons

1. Basic facts

A. On October 24, 2018, G driven a H cargo vehicle (hereinafter “Defendant vehicle”) at H: (a) around 13:18, G neglected the duty of Jeonju City Mayor at a speed of 50.4 km from the 3-lanes to the area of a veterans hospital at the speed of 50.4 km, while neglecting the duty of Jeonju City Mayor at a speed of 50.4 km depending on the two-lanes of the two-lanes from the 3-lanes of the electronic public announcement ginseng road at the area of the main road in Gwangju Mine-gu; and (b) caused K to the front part of the said cargo vehicle without discovering K from the right side of the road to the left side of the road; and (c) H to the front part of the said cargo vehicle at around 17:25 on the same day on the same day.

(hereinafter “instant accident”). (b)

Plaintiff

A is the deceased’s heir as the deceased’s spouse, Plaintiff B, C, D, and E of K (hereinafter referred to as “the deceased”), and the Defendant is the mutual aid business operator who entered into a motor vehicle mutual aid agreement with G with respect to the Defendant vehicle.

[Ground of recognition] Unsatisfy, Gap evidence No. 11, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above basic facts, the deceased was caused the death due to the negligence of neglecting his duty of safe driving, such as failing to give a full-time watch, and not properly operating the steering gear and brakes, in the elderly protection zone where G was installed. G is liable for compensating the deceased and the plaintiffs for the damages caused by the accident in this case. Thus, G is liable for compensating for the damages sustained by the deceased and the plaintiffs. Accordingly, the defendant, who is a mutual-aid project operator who concurrently takes over the above liability of G, is liable for compensating the deceased and the

B. The location of the instant accident is a road designated as a senior citizens protection zone due to frequent passage of senior citizens at the crosswalks connected to the entrance of the Gwangju veterans hospital where senior citizens are mainly found, and the bus stops are installed. The time when the instant accident occurred, is 13.

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