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(영문) 서울중앙지방법원 2018.11.29 2018가단5068397
손해배상(자)
Text

1. The Defendant: (a) KRW 275,100,354 for the Plaintiff and KRW 5% per annum from December 29, 2017 to November 29, 2018; and (b) the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) C is a dump truck around 04:50 on December 29, 2017 (hereinafter “Defendant vehicle”). D 27 tons of a dump truck (hereinafter “Defendant vehicle”).

)A G-wheeled vehicle (hereinafter referred to as “Plaintiff-motor vehicle”) driven by F, while driving the Seocho-gu Seoul Metropolitan City E Road along a three-lane 4-lane from the breadth of the Sloping Station to the breadth of the Southern-do Road and changing its route into a four-lane course in the same direction, which is driven by F, which is driven by F, while moving into a four-lane course in the same direction.

(B) The front part of the Defendant’s vehicle’s front part is front of the right side of the Defendant vehicle and the F was over the ground, and the front part of the Defendant vehicle served as the front part of the right side of the Defendant vehicle, and thereafter, the F was escaped without taking necessary measures such as contact or reporting to the hospital and the police station (hereinafter “instant accident”).

(2) The instant accident died due to the impairment of the two parts, etc.

(F) The Plaintiff, as the deceased’s children, is the heir, and the Defendant is the mutual aid business operator for the Defendant’s vehicle. (4) As to the instant accident, C was indicted for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (doing Vehicle) by Seoul Central District Court 2018Kadan467, and was convicted of suspended execution, and the said conviction was finalized as is.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1, 2, 3, and 8 (including paper numbers; hereinafter the same shall apply), the video, significant fact, and purport of the whole pleadings

B. According to the above findings of recognition of liability, as the deceased died due to the operation of the Defendant vehicle, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as a mutual aid business operator of the Defendant vehicle, barring special circumstances.

C. The Defendant, at the time of the instant accident, went slowly in order to circumvent the Defendant’s vehicle at the time of the instant accident, changed the vehicle from three lanes to four lanes, and then is already at the three-lane prior to the point of the accident.

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