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(영문) 광주지방법원 2016.08.31 2015가단515863
손해배상(자)
Text

1. As to the Plaintiff KRW 28,789,695 and its KRW 8,00,00 among them, the Defendant shall pay to the Plaintiff KRW 28,789,695, and KRW 20,789,695 from October 17, 2014.

Reasons

1. Occurrence of liability for damages;

A. At around 20:56 October 17, 2014, B is the C Freight Vehicle (hereinafter “victim”).

ii)D cargo vehicles owned by the Plaintiff, which were stopped on the side due to the destruction of the mastal course while leaving the lane to the right side while driving a two-lane on the high side of the Czeyang-gun's High Road in South South-west-do. (hereinafter referred to as the "WU vehicle") in the two-lane course.

) The front part of the left side of the loading box, the part of the Crain Operational Facilities, and the part of the driver’s seat even were added to the front part of the vehicle, resulting in the Plaintiff’s injury, such as the head of the vehicle’s seat, and damaged the damaged vehicle (hereinafter “instant accident”).

(2) The Defendant is a mutual aid business entity that entered into a mutual aid agreement with respect to a hazard vehicle.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 3, 5, and 6 (including each number) and images

B. According to the above facts, the defendant is liable to compensate the plaintiff for damages caused by the instant accident pursuant to Article 744 of the Commercial Act.

C. The defendant asserts that the front part of the damaged vehicle at the time of the accident in this case was protruding in the two-lanes of the vehicle driving, and that the emergency, etc. did not turn on.

The images of Gap evidence 2-1, Eul evidence 3-1, Eul evidence 3-13, 14, and 15 are two laness in front of the driver's seat and loading box of the damaged vehicle immediately after the accident of this case. However, in light of the fact that the skiing mark generated by the vehicle due to the accident of this case runs behind the last location of the damaged vehicle in the two lanes, and that the part of the damaged vehicle was removed, it can be recognized that the damaged vehicle was moved due to the shock of the accident of this case, so it is difficult to identify the location of the damaged vehicle immediately before the accident of this case, and whether the emergency vehicle etc. of the damaged vehicle turns on the above images.

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