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(영문) 서울중앙지방법원 2018.08.10 2016가단5285242
손해배상(기)
Text

1. Defendant C and E are jointly and severally with Defendant C and E, and Defendant D Co., Ltd. are jointly and severally with each of the Plaintiffs.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) Defendant C’s dump trucks owned by Defendant E (hereinafter “Defendant”) around December 15, 2015, around 04:10 on December 15, 2015

) A driver of Seocho-gu Seoul Metropolitan Government (Seoul), who stops the four-lane road in front of the G from the edge of the station to the direction of the intersection without lights the rear light or emergency lights on the four-lane road on which parking or stopping is prohibited, while driving the vehicle, and the Mad H Haba (hereinafter “Plaintiff Oba”).

) On the three-lanes of the above road, I had I proceed along the three-lanes of the above road and changed the course to the four-lanes, and had I conflict with the left part of the back of the loading box of the Defendant vehicle (hereinafter “the instant accident”).

2) As a result of the instant accident, I died of long-term damage.

(hereinafter referred to as “the deceased”). (3) The plaintiff A is the father of the deceased, the plaintiff B is the mother of the deceased, and the defendant D Co., Ltd. (hereinafter referred to as “Defendant D”).

) The insurer is the insurer who has entered into an automobile comprehensive insurance contract with the Defendant vehicle. 【Ground of recognition】 The fact that there is no dispute, Gap’s Nos. 1, 3, 4, 8, 16 (including all identification cards attached with serial numbers), and the purport of the entire pleadings.

B. According to the above fact of recognition of liability, Defendant C and E, as the operator of the Defendant vehicle, are liable for damages incurred by the deceased and the plaintiffs due to the instant accident as the operator of the Defendant vehicle, barring any special circumstance, and the liability between the said Defendants constitutes a joint and several liability.

In addition, Defendant D is jointly and severally liable with Defendant C and E to compensate the deceased and the plaintiffs for the damages caused by the instant accident as the insurer of Defendant D’s vehicle.

C. However, it is recognized that, as the deceased, he neglected his duty of care in advance while driving the Plaintiff Ortoba, and did not wear a safety cap, such circumstance is calculated by calculating the amount of damages that the Defendants shall compensate.

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