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(영문) 서울중앙지방법원 2017.06.09 2015가단5394781
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 52,968,810, Plaintiff B, and C respectively, KRW 127,712,540 for each of the said money and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. 1) D is deemed to have satisfied the following requirements: (a) Dong Ho-do Co., Ltd.; (b)

2) From the Seocho-gu Seoul E Apartment’s public supply and replacement of oil pipelines, G 15 tons of dump trucks (hereinafter “Defendant vehicles”) who are employed in F with a subcontract for the part of civil engineering works among the replacement of oil pipelines in Seocho-gu Seoul.

(2) At the above construction site around October 11, 2015, D was an employee of HDo F, and D was an employee of HDo F, and D was an employee’s occupational negligence who left the driver’s seat without taking measures, such as stopping the Defendant’s vehicle on the slope above the slope of the 101-dong apartment road in front of the said apartment site, leaving the chill, leaving the cream, leaving the cream in a neutral line, and opening the burners team or returning the driver’s cream, while leaving the driver’s seat on the job by negligence, when the Defendant’s vehicle thins out the driver’s seat according to slope slope, and h was shocked under the chill, leaving the said vehicle in his body.

(hereinafter “instant accident”). 3) H died due to the instant accident (hereinafter “the deceased”). H is called “the deceased”).

4) The Plaintiff is the deceased’s wife, and the Plaintiff B and C are the deceased’s children, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract regarding the Defendant’s vehicle.

5 The person in charge of the construction site and the chief of the site, and the president of the F in relation to the instant accident was subject to criminal punishment for occupational injury or death.

B. The "Guarantee of Automobile Accident Compensation Act" in the main sentence of Article 3 provides that a person who operates a motor vehicle for his own sake shall be liable to compensate for damage in the event that he has killed or injured another person due to the operation of the motor vehicle. The term "operation" in subparagraph 2 of Article 2 provides that "the use or management of the motor vehicle according to its usage regardless of whether or not it carries persons or articles."

It is difficult to safely stop an automobile.

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