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(영문) 서울중앙지방법원 2020.05.14 2018가단5019555
손해배상(자)
Text

1. The Defendant’s KRW 85,004,433 as well as 5% per annum from October 12, 2016 to May 14, 2020 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. 1) On October 11, 2016, C: (a) D vehicle transport trucks around 11:15, 2016 (hereinafter “Defendant vehicle”).

) E dump truck (25.5tton, hereinafter referred to as “Plaintiff-motor vehicle”) that is the construction machinery of Plaintiff-driving who was driven at the three-lanes while driving a eump truck (25.5tton, hereinafter referred to as “Plaintiff-driving”) and driving a 708 Sump truck at a three-lane radius, which is one of the three-lanes while driving a eump and driving a eump in a two-lane.

) The front part was shocked by the right side of the Defendant vehicle (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered from the following injury, such as the left-hand side of the next order, the left-hand side of the next order, the right-hand side of the bridge and other parts open to the next order, the damage of the bridges and knife and other parts of the bridges, the damage of the heat, etc., and the Plaintiff’s vehicle was damaged by the Doo (cons

3) The defendant is a mutual aid business operator who has entered into a mutual aid agreement with the defendant's vehicle. The ground for recognition is that there is no dispute, Gap's evidence Nos. 1 through 4, 9, 14, 15, Eul's evidence No. 1 (including paper numbers, and the purport of the whole pleadings and arguments).

B. According to the above fact of recognition of liability, since the Plaintiff sustained injury and damaged the Plaintiff’s vehicle due to the operation of the Defendant’s vehicle, the Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident as the mutual aid business operator of the Defendant’s vehicle, barring special circumstances

C. However, the limitation of liability is limited, inasmuch as the Plaintiff, as well as the Plaintiff, was negligent in neglecting his/her duty to view the front door well and operate safely by taking into account the situation, such as the course of the preceding vehicle, and the Plaintiff’s error contributed to the occurrence of the instant accident and the expansion of damages, and thus, it shall be considered in calculating the amount of damages that the Defendant would compensate for. However, considering the circumstances where the Defendant’s vehicle did not occupy the direction while bypassing the front

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