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(영문) 서울중앙지방법원 2020.12.24 2020가합500025
손해배상(자)
Text

1. The Defendants jointly share the Plaintiff A with KRW 195,689,079, and KRW 7,000,000 to Plaintiff B, respectively, and KRW 3,00,000 to Plaintiff C and D.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant E, around 12:55 September 12, 2016, means the vehicle for which Defendant E had H to prepare for work within the Gamba-gun, Youngnam-gun (hereinafter “instant vehicle”).

A) While driving a vehicle and driving on a road without the boundary between the roadway and India, the part of the Plaintiff’s right bridge was walked on the front side of the instant vehicle, and the Plaintiff’s bridge was driven on between the front side and the left front side, while driving on the road without the boundary between the roadway and India. As a result, Plaintiff A suffered injury, such as damage, etc., due to the pressure tracing on the part of the instant vehicle (hereinafter “instant accident”).

(2) Plaintiff B is the spouse of Plaintiff A, and Plaintiff C and D are children of Plaintiff A.

A limited liability company I (hereinafter “I”) is the owner of the instant truck, and Defendant F Co., Ltd. (hereinafter “Defendant F”) is the employer of Defendant E who leased the instant truck with Defendant E, a driver of the instant truck, and supervised Defendant E’s work.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 17, 18, Eul evidence 1 (including branch numbers, if any) and the purport of the whole pleadings

B. According to the facts of recognition and limitation 1, Defendant E is liable for compensating the Plaintiffs for damages sustained by the Plaintiffs due to the instant accident pursuant to Article 750 of the Civil Act, since Defendant E neglected the operation of the instant car and operated the steering direction and brake system thoroughly, and caused injury to Plaintiff A due to negligence proceeding as it is, even though it neglected the operation of the instant car and operated the steering direction and brake.

In addition, pursuant to Article 756(1) of the Civil Act, Defendant F is liable for damages incurred by Defendant E, an employer of Defendant E, who is an employee, to the Plaintiff during the performance of his duties and for damages incurred by the Plaintiff B, C, and D, and each of the Defendants’ respective liability for damages is jointly and severally liable.

As to this, Defendant FF is an ordinary accident.

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