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(영문) 광주고등법원 2019.08.21 2018나26030
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

Defendant: 129,251,304 won and 124,559.

Reasons

1. Basic facts

A. On February 23, 2018, F entered the port after having the owner and captain of coastal multi-modal fishing vessel G (1.98t) on board D of diving at the new interest rate base line of the new sea-going 17:02. On February 23, 2018. On the same day, F did not discover the abandoned bus line at a place less than 650 meters away from the base line of the above 17:15 on the same day, and was shocked as G’s player.

As a result, H, which was inside the ship room, died of cerebrovascular by suffering from two balone bladrosis, dralone, etc., and F also died by suffering from the upper left plebalone, etc.

(hereinafter referred to as “instant accident”). B.

The deceased H’s heir has the Plaintiff A, B, and C, who is a spouse, and the deceased F’s heir is the child of the Defendant who is a child.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-7, 13-15, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the plaintiffs' claim for damages

A. 1) According to such fact-finding as to the cause of the claim, the instant accident occurred when the deceased F, who operated G, did not properly conduct the e-mail and the negligence of the owner of the G, while neglecting the e-mail, and the G owner, shall compensate the Plaintiffs for the damages caused by the death of H pursuant to Article 879(2) of the Commercial Act. Therefore, the Defendant, who is the sole heir of the networkF, is liable to compensate the Plaintiffs for the damages caused by the death of the deceased H. 2) The determination of the Defendant’s assertion as to the instant claim is based on the Defendant’s argument F and H engaged in the business of collecting dissolved by using G and caused the instant accident. As such, H appears to be joint operators of F and G.

In addition to the legal principle that joint operators do not fall under “other persons” as stipulated in Article 3 of the Guarantee of Automobile Accident Compensation Act, and thus are not liable to compensate for such damage, the Defendant shall incur damage due to the death of H.

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