(영문) 울산지방법원 2020.01.16 2019나10958

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(영문) 울산지방법원 2020.01.16 2019나10958

손해배상(자)

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid in addition to the following shall be revoked.

Reasons

1. Occurrence of and limitation on liability for damages;

A. Fact 1) On October 11, 2017, the Plaintiff is the Plaintiff’s vehicle for D Freight (hereinafter “Plaintiff”).

2) Around 23:16, while driving a vehicle and transporting the Kim Prisoners of war from the Yangsan, the Plaintiff’s vehicle was parked in a place where no parking space is marked within the Dong-dong Incheon Road, Incheon Road, and took rest within the vehicle. (2) The driver of the FF FF truck vehicle (hereinafter “Defendant vehicle”) driven by the Defendant vehicle at the above time, driving the Defendant vehicle at the Incheon Zone, and driving the vehicle at the Incheon Zone, and driving the vehicle at the above time, with the same time as the side-way car set up immediately before the entrance of the said E StF, and collision with the Plaintiff’s vehicle that entered the E resting area after the soundproof wall was shocked once.

In addition, due to the shock, two prices of the vehicle parked in front of the plaintiff's vehicle was tight in the future.

3) The Plaintiff was injured by the instant accident, such as the left-hand pelkes, etc. (4) Defendant B is the user of the Defendant’s vehicle driver, and the Defendant GM is the mutual aid business operator who entered into an automobile mutual aid agreement with respect to the Defendant’s vehicle.

However, according to the automobile mutual aid contract concluded on the defendant's vehicle, personal compensation is limited, and the liability limit is set at KRW 100 million.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

B. 1) According to the above facts of recognition of liability, the Defendants jointly and severally are liable to compensate the Plaintiff for the damages caused by the instant accident. 2) The Defendants asserted that the Defendants: (a) parked the Plaintiff’s vehicle in an area where the Plaintiff could pass through because parking spaces are not marked in the rest area; (b) caused the instant accident, and (c) such negligence caused the occurrence of the instant accident and the expansion of damages.

유사 판례

-울산지방법원 2020.01.16 2019나10958

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-서울중앙지방법원 2019.10.30 2018가단5184695

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