(영문) 울산지방법원 2016.02.18 2015나2355 | 리걸엔진

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(영문) 울산지방법원 2016.02.18 2015나2355

손해배상(자)

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

The plaintiff (Counterclaim defendant) shall make each of the defendant (Counterclaim plaintiff) 2,108.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 10, 2013, the network E (hereinafter “the network”) driven FOtoba (hereinafter “the instant Otoba”) without a driver’s license on or around 12:40 on June 10, 2013, while driving a two-lane line, which is adjacent to H stations located in G at the time of racing, along the two-lanes of the two-lane line from the front side of the racing. At the same time, I driven a 25 tons freight vehicle at the same time J 25 tons (hereinafter “Defendant vehicle”).

B. During the change of the vehicle line into one lane by the Deceased, the vehicle driven by the Deceased was facing the right side of the Defendant’s vehicle, and the Deceased died due to brain training paralysis on the day.

(hereinafter “instant accident”). C.

On the other hand, the plaintiffs succeeded to the rights and duties of the deceased as the deceased's children and the deceased's spouse as the deceased's spouse. The deceased succeeded to the rights and duties of the deceased's deceased as the deceased died during the trial.

The defendant is a mutual aid business operator who has agreed to compensate for damage caused by an accident that occurred while driving the defendant vehicle.

On May 30, 2014, the Defendant paid KRW 6,325,030 of the deceased’s medical expenses to K Hospital.

[Basis] Facts without dispute, Gap 1, 2, 3, 5, 6, 7, 8 each entry, Eul evidence 5 through 16, Eul evidence 2, and the purport of the whole pleadings

2. Determination on the main claim

A. 1) The plaintiffs' assertion 1) since the accident of this case conflicts between the negligence in violation of the I's duty to travel along the designated lane of the defendant vehicle driver and the negligence in the operation of the deceased, the defendant is liable to compensate for the damages suffered by the deceased and the plaintiffs. 2) The defendant I did not neglect to pay attention to the operation of the defendant vehicle at the time of the accident of this case, and because the plaintiff was grossly negligent in the occurrence of the accident of this case to the deceased, the defendant, who

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