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(영문) 인천지방법원 2017.08.25 2016가단252194
손해배상(자)
Text

1. The Defendants jointly share KRW 95,687,696 with respect to the Plaintiff, and the period from May 10, 2016 to August 25, 2017.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) Nonparty B (hereinafter “B”)

(C) around 22:50 on May 9, 2016 (hereinafter referred to as “Defendant vehicle”)

) A driver’s license and drive a F F (hereinafter referred to as “the deceased”) driving on the left side of the Defendant’s vehicle without permission crossing from the left side of the Defendant’s vehicle to the right side, proceeding to approximately KRW 51 km per hour at a speed of two-lanes from the surface of the shooting distance in drawing the e letter or in front of the e letter or in front of the Incheon Southern-gu.

2) The Defendant 1 met the front part of the Defendant 1’s vehicle (hereinafter “instant accident”).

(2) On May 10, 2016, the Deceased died due to brain escape, pan-cerebrovascular infection, etc., around 2:45, while receiving treatment at Acheon-ro Hospital due to the instant accident.

3) With respect to the instant accident, B was indicted by the Incheon District Court Decision 2016Gohap361, which was sentenced to one year of suspension of execution on September 21, 2016, and was sentenced to one year of suspension of execution as of September 21, 2016. The said judgment became final and conclusive around that time. 4) The Plaintiff is the father and the sole heir of the Deceased, the Defendant Company’s father and vice passenger (hereinafter “Defendant Company”) is the owner of the Defendant vehicle and the user of the Defendant vehicle, and the Plaintiff’s Federation of the Korea Bus Transport Business Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with the Defendant Company regarding the Defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including each number; hereinafter the same shall apply), Eul evidence Nos. 4 through 7 and the purport of the whole pleadings

B. According to the above facts of recognition of liability 1, even though a person engaged in driving of a motor vehicle had a duty of care to accurately operate the steering gear and the steering gear with the steering gear, while driving the motor vehicle in violation of this duty, the Defendants jointly and severally raise the instant accident while driving the motor vehicle.

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