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(영문) 청주지방법원충주지원 2017.08.09 2016가단21127
손해배상(자)
Text

1. The Defendant: (a) against Plaintiff A, KRW 47,569,728, Plaintiff B, and C, respectively, KRW 24,713,152; and (b) against each said money.

Reasons

1. Facts of recognition;

A. On September 16, 2015, the network E (hereinafter “the network”) driven a Fwinging Vehicle (hereinafter “the network”) on September 16, 2015, and stopped a traffic accident (hereinafter “the primary accident”) leading up to two-lanes on the two-lanes of the parallel line 352.8 km away from the parallel parallel line 35 to the parallel parallel line 352.8 km along the parallel parallel line 55, Jung-gu, Gwangju, the mid-ro, the middle-ro, the middle-ro, the middle-ro, the middle-ro, the parallel line 352.8 km along the two-lane.

The Defendant’s death caused the death of the deceased’s parts of the deceased’s vehicle stopped as above on the same room (hereinafter “Defendant’s vehicle”) at the same time and place as above. B. The Defendant was indicted for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Act on Special Cases Concerning the Settlement of Traffic Accidents”) due to the instant accident, on August 31, 2016, and appealed with Changwon District Court Decision 2016No2381, Nov. 24, 2016; however, the appeal was dismissed on November 24, 2016, and the said judgment became final and conclusive around that time. (c) The Plaintiff’s spouse, Plaintiff B, and C are children between the deceased and the Plaintiff. [In the absence of any grounds for recognition, the purport of the entire evidence as indicated in subparagraphs 1, 2, 3, 14, 15 and evidence No. 5, respectively.

2. The assertion and judgment

A. According to the facts of recognition as above, the Defendant is liable for damages caused by the instant accident to the Plaintiffs, who are the deceased’s successors, as the Defendant caused the instant accident by negligence due to the negligence of neglecting the duty of care during the operation of the Defendant’s vehicle and resulting in the death of the deceased. Therefore, barring any special circumstance, the Defendant is liable

(In contrast to the above recognition, the defendant's assertion that the deceased has already died due to the first accident is not accepted)

(b) No. 11-3, No. 8, 14, No. 2-7, 10, and 12-3, and No. 2-3, No. 2-3 and 11-3.

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