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(영문) 부산지방법원동부지원 2020.08.12 2019가단223572
손해배상(자)
Text

1. The Defendant: (a) from May 30, 2019 to Plaintiff A, KRW 121,11, and KRW 124,14,740 to Plaintiff B, as well as each of the said money.

Reasons

1. Occurrence of liability for damages;

A. (i) At around 14:20 on May 29, 2019, Nonparty D driven a freight E vehicle (hereinafter “Defendant vehicle”) and driven the Southern Sea Highway in the Hawon-gun in the Gyeongwon-gun, Gyeongnam-gun, Busan, along one-lanes of the two-lanes on the side of the road in Busan. Nonparty D, within the 2nd tunnel, concealed the back portion of the F5 tons of the freight vehicle, which was standing on the front side of the vehicle, into the front part of the vehicle.

Based on the shock, the above F F F F F F F F F F F F F F F F F F F F F F F F F F F F H H H H H H truck (hereinafter “Plaintiff”) which was parked ahead of the former F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F. In the front of the vehicle, the Plaintiff F F F F F F F F

(hereinafter referred to as the “instant accident”). The driver G of the Plaintiff’s vehicle (hereinafter referred to as “the deceased”) caused the injury, such as the pelke, the pelke, and the pelke, and was transferred to K Hospital. However, the Plaintiff died at the low blood transfusion shock around 15:31 on the same day.

Referencely, Plaintiff A is the deceased’s wife, and Plaintiff B is the deceased’s wife as the deceased’s wife.

The defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid contract for the defendant vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 7, Eul evidence No. 1, the purport of the whole pleadings]

B. According to the above recognition of liability, the defendant is liable to compensate the plaintiffs for the damages suffered by the deceased and the plaintiffs due to the accident in this case as a mutual aid manager of the defendant vehicle, unless there are special circumstances.

C. The defendant asserts that the defendant's liability should be limited in consideration of such circumstances, since he/she is doubtful that the deceased did not have a driver's license and that he/she did not wear a safety level at the time of the accident.

According to the above evidence, it is recognized that the deceased was a non-license at the time of the accident, but it is front of the stop.

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