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(영문) 서울중앙지방법원 2018.10.17 2017가단108002
손해배상(자) 청구의 소
Text

1. The Defendant: (a) KRW 25,418,854 for each of the Plaintiff A and each of them, respectively, shall be KRW 44,124,025, Plaintiff B, C, and D.

Reasons

1. Occurrence of liability for damages;

A. 1) F is a G truck around 09:25 October 15, 2016 (hereinafter “Defendant vehicle”).

) A driving of Ha, while proceeding two lanes near H in the direction of J apartment distance from the G apartment distance to J apartment, K, which was in front of the direction, was driven by the lower part of the work site of the Defendant’s vehicle loaded on the right upper part of the Defendant’s vehicle and fell on the road (hereinafter “instant accident”).

2) On August 14, 2017, K (hereinafter “the deceased”) died of a chronic respiratory failure due to the instant accident, while receiving treatment by suffering from an injury, such as climatic depression, etc.

3) The plaintiff A is the deceased's spouse, and the plaintiff B, C, and D are the deceased's children, and the defendant is the mutual aid business operator who entered into a mutual aid agreement on the defendant's vehicle. [Grounds for recognition] The plaintiff did not dispute, Gap's evidence 1 through 5, 10, 11, and Eul evidence 1 through 12 (including paper numbers, and the purport of the whole pleadings).

B. According to the above recognition of liability, the defendant, who is a mutual aid business operator of the defendant vehicle, is liable to compensate the deceased and the plaintiffs for the damages caused by the accident in this case.

C. However, the limitation of liability is limited to the deceased’s failure to wear protective equipment, such as safety caps and safety belts, while working on the part of the deceased, and such errors contributed to the expansion of damages caused by the instant accident, and the Defendant’s liability is limited to 90% in light of these circumstances.

The plaintiffs asserted that the limited liability company L, which is the business owner who employs the deceased (hereinafter “L”) could not wear the deceased because it was not possible for the deceased to wear them, but should not be taken into account due to the negligence of the deceased. However, the workers also have a duty of care to promote their own safety by urging the business owner to pay safety protective equipment. In particular, the deceased from March 201 to March 201.

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