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(영문) 서울중앙지방법원 2016.11.04 2016가단5026399
손해배상(자)
Text

1. The Defendant: (a) KRW 43,639,438; and (b) KRW 36,426,292; (c) KRW 16,426,292; and (d) KRW 16,426,292.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) G is a hump truck around 10:00 on June 15, 2015 (hereinafter “Defendant vehicle”). G is a hump truck (hereinafter “Defendant vehicle”).

) A driving of J gas station in Jung-si I would proceed along one lane in front of the J gas station in Jung-si I from the direction of the sloping to the direction of the shill viewing room. Since G would go behind the Lopane driven by K driving along the two-lanes on the above road as follows: (a) it is well-grounded, and (b) due to a broad dump truck with the width of the vehicle, it was negligent in neglecting the duty of care to drive safely without impeding the operation of the stop, which is driven in the two-lane, while neglecting the duty of care to drive safely; (c) the part on the left side of the said stop, etc. of the above stop, was shocked by the parts, etc. on the right side of the Defendant vehicle, and used K on the road (hereinafter referred to as “instant accident”).

2) On the ground of the instant accident, K died.

(4) On November 3, 2015, G paid KRW 15,000,00 as part of legal damages, and thereafter transferred the claim for insurance money of KRW 15,00,000 to the Defendant acquired to the Plaintiff E, and around that time, notified the Defendant of the transfer of the above claim.

[Reasons for Recognition] Facts without dispute, Gap 1-3, 11, 12 evidence, Eul 2 evidence (including all other numbers except evidence 2-2, 7) and the purport of the whole pleadings

B. According to the facts of recognition of liability, the defendant is liable to compensate the plaintiffs who are the deceased and their bereaved families as the insurer of the defendant vehicle for the damages suffered by them, and is liable to pay the plaintiff E the acquisition amount of KRW 15,000,000.

C. The defendant's judgment as to the limitation of liability shall be the Road Traffic Act of the deceased.

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