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(영문) 서울남부지방법원 2020.01.22 2019가단200601
손해배상(자)
Text

1. The Defendants jointly share KRW 37,05,479 for each of the Plaintiff A and B, and KRW 3,000,000 for each of them.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant D’s 187 Hyeong-do Highway around December 17, 2017, as the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Yang Jae-gu (hereinafter “Defendant”) is the FJaon vehicle (hereinafter “Defendant”) around December 17, 2017

(B) Ha driving the G, which moves to the right from the center separation zone on the left side of the proceeding direction to the upper part of the Defendant’s front vehicle (hereinafter referred to as “instant accident”) while driving the G, which moves to the right from the center separation zone on the left side of the proceeding direction to the two-lanes.

(2) The Plaintiff A and B, as a parent of the net G, is the deceased’s heir, and the Plaintiff C is the deceased’s leakage.

3) The defendant E organization is a mutual aid project operator who has entered into a mutual aid agreement for the defendant's vehicle. [Grounds for recognition] The defendant E organization is a mutual aid project operator who has entered into a mutual aid agreement for the defendant's vehicle. The records or images of Gap 1, 2, Eul 1, Eul 2, 5, 6 through 9 (if

- The purport of the whole pleadings

B. 1) According to the above recognition of liability, the deceased died due to the operation of the Defendant vehicle, barring any special circumstance, the Defendants jointly as mutual aid operators or operators of the Defendant vehicle and are responsible for compensating the Plaintiffs for the damages suffered by the deceased and the Plaintiffs due to the instant accident. 2) As to this, the Defendants asserted that the instant accident was an accident caused by the front mistake of the deceased, who was under the influence of alcohol, and that it was difficult for the Defendant D to find the deceased at the time of the accident, and that there was no negligence on the part of the Plaintiff at the time of the accident.

According to the above evidence and the results of the inquiry inquiry into the Road Traffic Authority of this Court, ① the accident location of this case is the straightway, and the view was relatively visible due to the left light and right light, etc., and the driver of another vehicle prior to the defendant vehicle finds the deceased and finds the driver of another vehicle adjacent to the Gyeong Highway.

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