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(영문) 부산고등법원(창원) 2015.05.21 2014나22423
손해배상(자)
Text

1. The part against the plaintiffs of the money that orders payment under the judgment of the court of first instance shall be revoked.

Defendant.

Reasons

1. The court's explanation on this part of the basic facts is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the claim against the Federation of Korea Passenger Transport Business Association

A. The plaintiffs' assertion 1) while operating I cab, the J caused the instant traffic accident by neglecting the duty of front-time care and the duty of safe driving while neglecting the duty of safe driving. Since the instant traffic accident and the medical negligence of Defendant E and F led to the death of the deceased, the Defendant Association of the Korea Passenger Transport Business Association (hereinafter "Defendant Association") which entered into a mutual aid agreement with the said cab.

(2) In the instant traffic accident, the deceased and the plaintiffs are liable to compensate for damages caused by the instant traffic accident. (2) The deceased’s lost income due to the instant traffic accident is KRW 492,958,207, and the Plaintiff A disbursed KRW 4,000,000 as funeral expenses of the deceased. Meanwhile, as the deceased’s negligence was 20% in the instant traffic accident, the Defendant Federation is liable to compensate for damages equivalent to KRW 80,000,000 for consolation money due to the death of the deceased, and the Defendant Federation is liable to pay KRW 30,000 for the deceased, and KRW 20,000 for the Plaintiff B, and KRW 5,000 for the Plaintiff, C, and D respectively.

3) Ultimately, the Defendant Federation is obligated to pay the Plaintiff KRW 164,655,521 [20,00 for actual income x 492,958,207 x 80 per cent x 3/9] (Funeral expenses 4,00,000 x 3/9] one’s consolation money x 20,000,000 for the deceased x 3/9] one’s consolation money 20,000,000 for the deceased x 3/9] 9,303,681 won for the Plaintiff B, C, and D x 80 x 80 x 80 x 2/9) (the deceased 30,00,00 for consolation money x 2/9) of the deceased x 2/9).

B. In full view of the following: (a) whether there was a causal link between the traffic accident of this case and the death of the deceased; and (b) Eul’s evidence No. 5-1 and No. 2; and (c) the purport of the entire arguments, the Defendant.

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