(영문) 전주지방법원 2015.09.08 2014가단5090

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(영문) 전주지방법원 2015.09.08 2014가단5090

손해배상(기)

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1. As to the Plaintiff A’s KRW 4,500,00, Plaintiff B, C, D, and E respectively, KRW 3,500,000 and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) On October 2, 2013, the Defendant: (a) drive a 3 ton of without registration on construction machinery operator license in front of the Y of the Y-gu G, Y-si, Y-si; and (b) removed machinery from H located adjacent to the Han-style Construction Site without construction machinery operator license; and (c) removed the machinery from I (J students and hereinafter “the deceased”).

A) The Defendant was engaged in the work of carrying on the pedal vehicle. The Defendant: (a) checked whether there is a person within the radius from the work; and (b) prevented people from approaching the work site; and (c) did not discover that the deceased was on the pedal vehicle in a state that does not meet the horizontal plane of the machinery set on the stale; and (d) caused the deceased to die on the stale with the machinery and the ground that he was on the stale, without discovering the stale of the machinery set on the stale; (b) eventually, around October 23:35, 2014, the deceased died from hale in the L Hospital located in K located in Y of the Yan-gu Seoul Special Metropolitan City (hereinafter referred to as “instant accident”).

(2) The Plaintiff A’s wife and the rest of the Plaintiffs are the deceased’s children.

B. According to the above recognition of liability, the defendant is responsible for compensating the deceased and the plaintiffs for the damages caused by the accident of this case.

C. The limitation of liability: (a) the Defendant’s responsibility is limited to 70%, taking into account the fact that the instant accident occurred by aiding and abetting the Deceased upon the deceased’s request, and that the forking vehicle might fall, despite the possibility of falling, the Deceased’s negligence on his own in order to maintain the balance of the goods.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 8 (including each number), the purport of the whole pleadings

2. Scope of liability for damages

A. The Deceased shall carry on the cargo transport business at the time of the instant accident.

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