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(영문) 광주지방법원 2016.02.17 2015가단525730
손해배상(자)
Text

1. The Defendant’s respective KRW 7,286,264 to the Plaintiffs, as well as 5% per annum from November 11, 2012 to February 17, 2016, respectively.

Reasons

1. Occurrence of liability for damages;

A. On November 10, 2012, 10:005, the network D used the road on the national highway No. 22, F-S., F-S., located in Yong-gun, Yong-Namnam-gun, for shocking the road on the road (hereinafter “the first accident”).

). 2) G은 같은 시경에 70 ∽ 80km/h의 속도로 H 승용차(이하 ‘가해차량’이라 한다)를 운전하여 위 도로를 1차로를 따라 진행하다가 도로 위에 쓰러져 있던 망 D를 충격직전 발견하였으나 피하지 못하고 망 D를 역과하였다

(hereinafter referred to as "the second accident") followed by 3) I cab was also in service without avoiding the network D (hereinafter referred to as "the third accident").

() While the network D died of multiple prolonged damage, it was not revealed that the accident directly caused the death during the said three-time accident was revealed. 4) At the time of the instant accident, it was only one night, and it was unclear whether the inside was brutally and immediately.

5) The deceased as the heir of the network D is the plaintiffs who are children. 6) The defendant is the insurer of the above sea-going vehicle.

[Ground of recognition] Facts without dispute; Gap evidence Nos. 1 through 4; Eul evidence Nos. 1 through 9; Gap evidence Nos. 11 through 14 (including branch numbers; hereinafter the same shall apply); the purport of the whole pleadings

B. Whether the causal link between the instant accident and the deceased of the network cannot be ruled out that the Defendant had already died of the network due to the third accident, and that the network D could have already died due to the third accident, and that there was a possibility that the network D could have already died due to other accidents not known, so the second accident and the network D's death are not causal relationship between the second accident and the vehicle's death. However, the first accident is an accident that the network D's death was shocked to the vehicle's after-the-job death, and the fact that the cause of the network D's death is multi-long-term damage. As seen earlier, adult male, etc. is a shock by the latter after-the-job death.

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