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(영문) 창원지방법원 2016.10.28 2015가단84688
손해배상(자)
Text

1. The Defendant: (a) KRW 281,140,640 for Plaintiff A; (b) KRW 183,960,427 for Plaintiff B; and (c) for each of them, from September 23, 2015 to September 2016.

Reasons

1. Occurrence of liability for damages;

A. On September 23, 2015, at around 05:30 on September 23, 2015, C driven a D Poter truck (hereinafter “Plaintiff”) and driven a truck of approximately 500 meters in front of the Changwon tunnel on the south Sea Highway, Busan, with two lanes. E, which was parked at a roadside rest area on an expressway, has driven a truck of approximately 25 tons in front of the said expressway (hereinafter “Defendant vehicle”), and entered the two-lanes of the said expressway. In this case, the driver of the Defendant vehicle, who is a driver of the vehicle, has a preferential right to the vehicle on an expressway, and a large truck needs to have a long time to speed. Accordingly, the driver of the vehicle, after sufficiently checking the traffic situation on the left side line, has to change the course of the vehicle without any other vehicle, and has to prevent the accident in advance, has to enter the part of the vehicle, and has been negligent in treatment of the vehicle on the left 20-hand side of the vehicle, and has been negligent in treatment of the vehicle on the left 20-hand.

(hereinafter “instant accident”). Plaintiff A is the wife of the deceased C (hereinafter “the deceased”), and Plaintiff B is the wife of the deceased.

The defendant is a mutual aid business operator for the defendant vehicle.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 7 (including branch numbers, hereinafter the same shall apply), Eul evidence 2, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is responsible for compensating the deceased and the plaintiffs for the damages caused by the accident of this case.

C. However, according to the above evidence, it is recognized that the deceased was negligent in neglecting his duty of care at the time of the instant accident, and such negligence was caused by the occurrence of the instant accident and the expansion of damage. Therefore, the defendant's liability is limited to 90%.

The deceased's fault ratio.

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