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(영문) 부산지방법원 2017.03.23 2016가단339265
손해배상(자)
Text

1. The Defendant: (a) KRW 92,106,949 to Plaintiff A; and (b) KRW 90,106,949 to Plaintiff B; and (c) from May 14, 2016 to each of the said money.

Reasons

1. Facts of recognition;

A. At around 02:32 on May 14, 2016, C driven a Drocketing taxi (hereinafter referred to as “fence taxi”) and caused the Deceased to die from damage to the two sides of the road, following the first line of the second line in front of the Taecheon-dong, Nam-dong, Busan (the area of an underground vehicle, which is divided into a retaining wall, as the part of the exit of the underground vehicle, and is divided into two lanes). On the other hand, C driven a network E (hereinafter referred to as “the deceased”) crossing the road from the left side of the direction at a speed of about 9.7 km from the Yellow-gu, Yellow-gu, the front part of the sea vehicle, and caused the Deceased to die due to damage to the two sides.

(hereinafter referred to as “instant traffic accident”) B.

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 of a hazard vehicle.

C. On October 27, 2016, C was sentenced to a suspended sentence of two years on October 10, 2010 on the ground that the instant traffic accident caused the instant traffic accident by negligence driving a sea-going vehicle at a speed of 9.7 km at a speed of 60 km per hour, and this judgment became final and conclusive as it is.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5, 7, Eul evidence 1 and video (including branch numbers, if any; hereinafter the same shall apply) and the purport of whole pleadings

2. Occurrence of liability for damages;

A. According to the above recognition of liability and the above evidence, the traffic accident in this case occurred from the negligence of driving a sea-going vehicle exceeding 40 km speed of C in speed. Thus, the defendant is liable to compensate for the damages suffered by the plaintiffs, who are the deceased and their family members, due to the traffic accident in this case, as the mutual aid business operator of a sea-going vehicle, unless there are special circumstances.

B. Limit of liability, however, the deceased shall also be subject to the alcohol of 0.225% alcohol level by putting clothes in the color of the deceased in the new wall time.

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