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(영문) 대전지방법원논산지원 2016.01.14 2014가단3545
손해배상(자)
Text

1. The defendant's KRW 63,510,886 to the plaintiff A, KRW 4,00,000 to the plaintiff B, and KRW 1,50,000 to the plaintiff C and D respectively.

Reasons

Basic Facts

A. On March 7, 2013, E, at around 23:05, driving a Fman (MN) Track (Tracler G; hereinafter “instant Tracker”) and became one-lane in front of the said I stations.

However, if it is likely to obstruct the normal traffic of pedestrians or other vehicles, the driver of the vehicle shall not cross the road by driving the vehicle, and therefore, E can only enter the road leading to the sloping area by bypassing the road, and there was a duty of care to not enter the road leading to the slope by moving the right to left beyond the center line.

Nevertheless, while neglecting this, E entered a road going beyond the center line and going to the right side and going to the left side, E was shocked into the front part of the J-small Cargo Vehicle of the Plaintiff A driver who was going to the Macheon-si from the bend side of the bend part of the Tracter of this case and suffered injury by the Plaintiff A, who was the left side of the Tracter of this case.

(hereinafter “instant traffic accident”). (b)

Plaintiff

B is the spouse of the Plaintiff A, and the Plaintiff C and D are the children of the Plaintiff.

C. The defendant is a mutual aid business operator who has entered into a mutual aid contract for the Tracker in the instant case driven by E.

[Based on the facts that there is no dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1 through 4, Gap evidence No. 8, the purport of the entire pleadings, and the occurrence of damages liability for damages, as well as the occurrence of limited liability, Eul caused the instant traffic accident by negligence in the course of crossing the road beyond the central line even though it is apprehended to obstruct the normal passage of other vehicles. Thus, the defendant is liable to compensate the damages suffered by the plaintiffs due to the instant traffic accident, as the mutual aid business operator of the fleet of this case, pursuant to Article 10 of the Guarantee of Automobile Accident Compensation Act and Article 724 (2) of the Commercial Act.

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