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(영문) 서울중앙지방법원 2017.08.11 2016가단148478
손해배상(자)
Text

1. The Defendant, from November 22, 2016, against Plaintiff A, KRW 168,33,832, and KRW 163,072,544 to Plaintiff B, and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. 1) On November 22, 2016, C: (a) around 14:30, 2016, the fixed freight truck D (hereinafter “Defendant vehicle”) is the Defendant vehicle.

) A driver was stopped in front of the entrance blocking at the entrance of Seongbuk-gu Seoul apartment complex, and was stopped to the right side of 102 vehicles inside the above apartment complex, but did not find out the F, who was sitting down on the left side of the running direction to the left side of the bicycle and was pushed down to the right side of the Defendant vehicle (hereinafter “instant accident”).

2) As a result of the instant accident, F (hereinafter “the deceased”) died of cerebral cerebral cerebral cerebral typhism.

3) The Plaintiff A is the father of the Deceased, the Plaintiff B is the mother of the Deceased, and the Defendant is the mutual aid business operator who entered into a motor vehicle mutual aid agreement with the Defendant with respect to the Defendant vehicle. The fact that there is no dispute over the grounds for recognition, the entries in the evidence Nos. 1, 2, 3, 6, and 7, and the video of the evidence No.

B. According to the recognition and scope of liability, as the deceased died due to the operation of the Defendant’s vehicle, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as a mutual aid business operator of the Defendant’s vehicle, barring special circumstances.

C. On the other hand, the deceased, at the time of the accident, shall not be able to discern things in the age of 3 years and 9 months. However, as can be acknowledged by the evidence above, the deceased was involved in the accident of this case while moving into the apartment complex together with a money that sees himself/herself, and the deceased was waiting at the entrance of the apartment complex and stopped at the entrance of the apartment complex, and then he/she was standing a bicycle in the future, even if he/she was in a situation where the deceased could depart at any time. As a money accompanied with the deceased, the deceased was safe place as a guardian of the deceased.

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