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(영문) 창원지방법원 2020.09.17 2019나62953
손해배상(자)
Text

All appeals by the Defendants against the Plaintiffs are dismissed.

The plaintiffs' claims are extended in this court.

Reasons

1. The court's explanation of this part of the basic facts is consistent with the reasoning of the judgment of the court of first instance as stated in Article 420 of the Civil Procedure Act.

2. Occurrence of liability for damages;

A. According to the facts of recognition of liability, the accident in this case occurred due to the mistake that the F, the driver of the Defendant vehicle, was negligent in finding the Plaintiff vehicle which was stopped due to the preceding accident and failed to properly operate the steering gear and steering gear. Thus, the Defendant D is the operator of the Defendant vehicle. The Defendant Association is jointly liable for damages of the Deceased or the Plaintiffs, the heir of the deceased, as the mutual aid business entity who entered into a mutual aid agreement on the Defendant vehicle.

The Defendants asserted that the death of the deceased cannot be determined by the accident in this case. However, in light of the fact that the F caused a traffic accident by negligence that caused the death of the deceased and caused the death of the deceased, the Defendants were sentenced to conviction. The fact-finding of the above criminal judgment also constitutes a fluorous material in civil trials, ② N, L’s statements (see Evidence A No. 11 and 16) that the shock by the Defendant would exceed the shock by the Plaintiff’s vehicle rather than the shock by the Plaintiff’s vehicle; ③ the Plaintiff’s vehicle was concealed into the Defendant’s vehicle, which is a large truck of 24 tons, and was damaged to the degree that the body of the deceased was illegible, it can be sufficiently recognized that the death of the deceased was caused by the accident in this case, which caused the death of the deceased. Accordingly, the Defendants’ aforementioned assertion is rejected.

B. Whether to limit the liability or set-off of negligence, the Defendants shall set-off negligence by taking account of the fault of the deceased who shocked the preceding vehicle due to the continuous operation, or limit the Defendants’ liability by taking into account all other circumstances.

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