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(영문) 부산지방법원 동부지원 2018.09.13 2017가단219722
손해배상(자)
Text

1. The Defendant’s each of the Plaintiffs’ KRW 19 million and its 5% per annum from September 23, 2017 to September 13, 2018.

Reasons

1. Facts of recognition;

A. At around 19:15 on September 23, 2017, Nonparty G driven a H taxi (hereinafter “Defendant vehicle”) and driven a two-way line from the right side to the right side of the road set back in the west-dong I of the Gyeongnam-do, the right side of the road set back at a four-distance intersection without signal, etc. from the right side to the intersection from the crosswalk located at the intersection where there is about 20-30cm away from the right side of the Defendant vehicle to the right side from the left side of the direction of the vehicle.

(hereinafter “instant accident”). (b)

Nonparty K died on the same day as Nonparty K suffered from a scarcity of a scarcity in the instant accident.

The plaintiffs are co-inheritors with the deceased K's children, and the defendant is a mutual aid business operator who has entered into a mutual aid agreement on the defendant's vehicle.

E. In a criminal case, G driver G paid KRW 30 million to the Plaintiffs as criminal agreement, and the agreement includes the transfer of insurance claim equivalent to KRW 30 million to G’s Defendant to Plaintiff D, the bereaved family representative.

F. The Deceased was Lins who were 82 years old at the time of the instant accident.

[Ground of recognition] Unsatisfy, Gap's evidence 1, 2, Gap's evidence 1, 2, Eul's evidence 1, 2, Eul's evidence 4-1, Eul's video and the purport of the whole pleadings

2. Determination

A. The Plaintiffs asserted that, although the deceased exceeded the maximum working age, they were engaged in the agricultural activities through night farming, rice paddy, and dry field farming at the J branch of the MM association, or supplied them to the factories of those corporations located in the field of agriculture at night. As such, at least one year from the date of the instant accident, the deceased was engaged in agriculture at least one year from the date of the instant accident, and could have earned income equivalent to the daily wage for rural communities, and thus, they sustained losses that have lost their income (i.e., KRW 22,098,00 (= KRW 73,663 x 25 x 12 months).

According to the statements in Gap evidence 4-1 to 5, the plaintiff sold 238,200 won a sum of 238,200 won by selling her night at the J branch of M Union around September 2017.

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