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(영문) 광주지방법원 2016.12.23 2015나12891
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. 1) E is the F Freight on March 15, 201 (hereinafter referred to as “Defendant Vehicle”)

(B) while driving a motor vehicle and driving a motor vehicle on the G Freight (hereinafter referred to as the "Plaintiff's vehicle") of the plaintiff A's driver, while proceeding to the port from the direction of the former State with respect to the Yong-Nam Highway located in the Youngcheon-gu, Sungsung-gun, Chungcheongnam-do.

) The lower part of the Defendant’s vehicle was sent back to the front part, and the Plaintiff’s vehicle had the protective fence on the right side of the direction due to its shock, and caused the Plaintiff’s injury to the Plaintiff A, such as the escape from the re-refluence of the re-refluence of the re-refluence (hereinafter referred to as the “instant accident”).

(2) The Defendant is a mutual aid business entity that entered into a mutual aid agreement on the Defendant’s vehicle.

3) Plaintiff B is the wife of Plaintiff A, and Plaintiff C and D are children of Plaintiff A. [based grounds for recognition] without dispute, Gap evidence 1 through 4, 7, and Eul evidence 2 (which include a serial number), as follows:

each entry, the purport of the whole pleading

B. According to the facts as seen earlier prior to the Defendant’s liability for damages, the Defendant is liable to compensate the Plaintiffs for the damages caused by the instant accident.

C. The Defendant asserts that the negligence should be taken into account in calculating the Defendant’s amount of damages, in light of the fact that Plaintiff A’s infant was cut off due to the instant accident even though the part on the Plaintiff’s driver’s seat was not damaged, and that Plaintiff A did not fasten the safety belt at the time of the instant accident.

그러나 이 사건 사고의 경위에 비추어 원고 A이 안전띠를 맸다고 하더라도 머리 부위를 차체에 부딪칠 가능성이 있어 피고가 들고 있는 사정만으로는 원고 A이 안전띠를 매지 않았음을 인정하기 부족하고, 달리 이를 인정할 증거가 없다.

Therefore, the defendant's above assertion is without merit.

2. Liability for damages.

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