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(영문) 서울중앙지방법원 2018.12.12 2017가단5078083
손해배상(자)
Text

1. Therefore, the Defendants are jointly and severally liable for each of the Plaintiffs with respect to KRW 37,250,000 and each of the said money from September 28, 2016 to September 2018.

Reasons

1. Occurrence of liability for damages;

(a) Recognition 1) E is the Fsi(hereinafter referred to as “Defendant”) around 02:56 September 28, 2016.

(i) driving by driving Do and driving Dog, two-lanes of the three-lane roads in front of the Hridge in Nam-gu, Gwangju Metropolitan City along the direction of the route from the direction of the route angle to the white road, while driving along the two-lanes of the two-lane roads in front of the direction of the course (hereinafter “the instant accident”).

I(hereinafter referred to as “the network”) thereby;

(2) The Plaintiffs were the deceased’s children, and Defendant D Limited Partnership Company (hereinafter “Defendant D”) is the operator of the Defendant vehicle and the Defendant CFederation (hereinafter “Defendant C”) that entered into a mutual aid agreement with respect to the Defendant vehicle.

B. According to the above recognition of liability, as the deceased died due to the operation of the Defendant vehicle, Defendant D is an operator of the Defendant vehicle, barring special circumstances, and the Defendant Cooperative is jointly and severally liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as a mutual aid project operator.

C. The limitation of liability: (a) the Deceased was placed on the two-lanes of the three-lane road in which the vehicle traffic on the new wall was frequent, but this was generally difficult to expect, and the driver who did not neglect the front-round city is able to pay attention to the driving situation, such as the distance from the front-round vehicle, etc.; (b) the person driving on the road is able to be able to recognize as close and see at the night and see a distance; (c) the Deceased was unable to identify the deceased who was driven without moving at the remote distance at night; (d) it was difficult for the Deceased to check the road at a rapid speed; and (d) it was difficult for the Deceased to check the road at a speed; and (d) it was difficult to avoid any effort to avoid the accident at the location where the instant accident occurred, which is the road at a speed limit of 60km/h.

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