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1. The Defendant’s KRW 425,971,891 as well as 6% per annum from December 27, 2014 to October 11, 2016 to the Plaintiff.
Reasons
Basic Facts
The defendant is a mutual aid business operator who has entered into a mutual aid agreement under the Trucking Transport Business Act with respect to a cargo A owned by the plaintiff (hereinafter “instant vehicle”).
B, around 17:40 on July 12, 2014, driving the instant vehicle owned by the Plaintiff and driving the instant vehicle to the left-hand turn in front of the Seocho-gu, Gwangju, by obtaining a left-hand turn-hand turn-hand turn-hand turn-hand turn-out room in the factory, while driving the front part of the driver’s bicycle of the network C (hereinafter referred to as “the network”) that entered into the factory in the Mancheon-dong, East-dong, East-dong, where the front left-hand turn is not well sleeped, the front part of the deceased’s head was left to the front right side of the instant vehicle, and accordingly, the deceased died on the front side of the vehicle due to brain damage.
(2) On December 26, 2014, the Plaintiff paid KRW 450,000,000 to the deceased’s spouse D, E, and F (hereinafter “the deceased’s co-inheritors”) who are co-inheritorss of the deceased as the owner of the instant vehicle.
On the other hand, the co-inheritors of the deceased filed a lawsuit against the defendant seeking damages due to the instant accident at the Gwangju District Court (2015Gahap283).
On May 13, 2016, the above court held that the Defendant, as a mutual aid project implementer of the instant vehicle, shall be liable for the damages incurred by the deceased and co-inheritors of the deceased due to the instant accident. However, the Defendant’s liability is limited to 50% in consideration of the foregoing, given that he/she erred by entering the factory by driving a bicycle before the instant accident site without wearing a safety mother, and driving a road before the instant accident site, while making a left turn in contravention of the signal
If the defendant calculates damages to the deceased and the co-inheritors of the deceased, the sum amounted to KRW 425,971,891 = The deceased's property damage amounted to KRW 389,471,891.