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(영문) 의정부지방법원 2017.04.21 2016나57483
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs and the defendant is expanded and reduced in the trial.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) E is the Frank Frank around 01:00 on January 15, 2015 (hereinafter “instant truck”).

) While driving a bus and driving a 112.8 km point on the Busan Highway located in the Jindo-Eup Incheon Metropolitan City, from the Daegu to the Yongcheon-do road, the 4rd line was cut to the third line on the side of the expressway while stopping the instant truck without installing a triang and a flame signal on the side of the expressway, while the 4rd line stopped the instant truck without installing a triangulation line and a flame signal on the side of the expressway. G around 04:21 on the same day, around 04:21 on the same day, H truck (hereinafter referred to as the “Plaintiff vehicle”).

2) At the time of the collision, the freight of this case, which was stopped on the side as above, was not found to have been stopped. At the time of the collision, the freight of this case was affected by about 0.6 meters by the left-hand side of the body and did not turn on emergency, etc., and the Plaintiff’s vehicle driven by G was driving at approximately 75-80km/h speed (hereinafter “the instant accident”).

(2) At around 05:51 on January 15, 2015, G died due to the foregoing accident with a physical sense by chest pressure at the J Hospital located in Daegu-gu, Daegu-gu, as a private person.

(3) The Plaintiff’s spouse, Plaintiff B, C, and D are the deceased’s children, and the Defendant is the insurer that the instant cargo vehicle was a party to the instant cargo. 4) The Intervenor’s successor to the Plaintiff (hereinafter “Succession Intervenor”) paid the survivors’ pension to the Plaintiff and paid KRW 5,585,530 to the Plaintiff as the survivors’ pension until June 24, 2016, and paid KRW 2,978,550 to the Plaintiff as the survivors’ pension from March 24, 2017 to March 24, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 8, 9, Eul evidence Nos. 1, Byung 1 through 12, and the purport of the whole pleadings

(b) the occurrence of liability;

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