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(영문) 창원지방법원 2016.07.22 2015가단15545
손해배상(자)
Text

1. The Defendants jointly share KRW 28,359,865 with respect to the Plaintiff and 5% per annum from August 31, 2012 to July 22, 2016.

Reasons

1. Occurrence of liability for damages;

A. On August 31, 2012, around 11:00, Defendant Hyundai Plastic Co., Ltd. (hereinafter “Defendant Company”)’s employees D were driving a E-wit cargo vehicle owned by the Defendant Company (hereinafter “Defendant vehicle”) and driving the front side road of the school meal facilities in the G G middle school located in Sungwon-si F in Changwon-si, Sungwon-si, in the direction of the intersection in the front direction at the front direction of the school in the front direction, and the Plaintiff’s right-hand bridge, which was left left from the right-hand side of the Defendant vehicle, was divided into the front front side of the Defendant vehicle, and suffered injury, such as cutting down the right-hand side, damage to the right-hand side growth board, etc.

(hereinafter referred to as the “instant accident”). Reference to the attached site of the accident, the Defendant National Freight Trucking Association (hereinafter referred to as the “Defendant Federation”) is a mutual aid business operator who entered into a motor vehicle mutual aid agreement with respect to the Defendant’s motor vehicle.

At the time of the instant accident, the Plaintiff was in the first grade of G Middle School.

[Reasons for Recognition] Unsatisfy, Gap's entry in Gap's 1 to 3, 8, Eul's 1 (including branch numbers), and the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant Company is the user of the Defendant Company and the operator of the Defendant Vehicle, and the Defendant Federation is liable to compensate the Plaintiff for the damages caused by the instant accident as the mutual aid business operator of the Defendant Vehicle.

C. However, according to the above evidence, the accident location of this case is where the vehicle that delivers goods to the meal service establishment passes through, and there was a view view at the Plaintiff’s location, and thus, the Plaintiff also has a duty of care to take into account the left and right of the vehicle when walking along the above location. The Plaintiff’s negligence is recognized as one of the causes for the occurrence of the accident of this case and the expansion of damages. Thus, the Defendants’ liability should be limited.

except that the place of the accident.

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