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(영문) 부산지방법원동부지원 2017.06.28 2016가단213864
손해배상(자)
Text

1. The Defendants jointly share KRW 10,979,323 with respect to the Plaintiff, and the period from August 11, 2016 to June 28, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs a motor vehicle for filing a complaint and a motor vehicle for transporting a bridge in the name of “D” and is the owner of the motor vehicle for filing a complaint (hereinafter “Plaintiff”) and the Defendant C is the owner of the F F F F F F F F F Motor Vehicle (hereinafter “Defendant Motor Vehicle”).

B. On August 11, 2016, the Plaintiff was shocked to board the Plaintiff’s vehicle by driving the said vehicle upon a request for work from the Defendant Company with the trade name “H” operated by G, and arriving in the J chimney removal site located in the Busan East-gu, Busan, and making preparations for work without stopping the said vehicle on the same day at around 08:30 on the same day.

(hereinafter referred to as “instant accident”). C.

Due to the accident of this case, the boarding box and fruit of the plaintiff vehicle were modified, and there was a shock in the integrated typeing machine around the boarding box.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Gap evidence 2, Gap evidence 4-1-1, Eul evidence 1-5, the purport of whole pleadings

2. Determination

A. According to the facts found above, the accident in this case occurred due to negligence that Defendant B, the driver of the Defendant vehicle, neglected the duty of safe driving, and thus, the Defendants are liable to compensate for the damages suffered by the Plaintiff due to the accident in this case.

As to this, the Defendants asserted that Defendant B only operated under the H H’s reception, and that there is no negligence in the occurrence of the instant accident.

However, the defendant B, who drives the defendant vehicle, has a risk of undermining the objects in the upper war in the course of performing the work using the above vehicle, so it shall be operated well to prevent the occurrence of the accident by safely operating the vehicle after checking whether there is any obstacle around the vehicle.

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