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(영문) 서울중앙지방법원 2014.11.21 2013가단325717
손해배상(자)
Text

1. The primary Defendant: (a) KRW 19,403,958 for each of the said KRW and each of the said money to Plaintiff A and Plaintiff B and C, respectively.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 04:03 on January 18, 2012, D driving a E-si belonging to the New Transport (hereinafter “Defendant vehicle”) and caused the death of the Defendant vehicle to the front part of the G-car (hereinafter “Plaintiff”) of the G-car (hereinafter “Plaintiff vehicle”) of the G-car (hereinafter “Plaintiff”) which was stopped in the front part of the Defendant vehicle on the front side of the G-car, which was stopped in the front part of the 1,29km in the south Sea Highway located in the city of Changwon-si, Busan, by neglecting the duty of Jeonju City, etc. while driving the four-lane road at the port of Busan, from the 1,000 to the 1,000 square meters in the front part of the 1,2000 square meters in the front part of the said road, and due to this, the Deceased caused the death of the Defendant on January 17, 2012.

(2) The deceased, while under the influence of alcohol immediately before the instant accident, driven the Plaintiff’s vehicle to drive the two-lane of the road in the place where the said accident occurred, and the part on the right side of the H Truck, which was driven earlier, was shocked into the left side of the Plaintiff’s vehicle and proceeded toward the one-lane road, and again stopped over the one-lane next to the rapid separation zone.

(3) The plaintiff A is the deceased's spouse, and the plaintiff B and C are the deceased's children, and the primary defendant is a mutual aid project operator who has concluded a mutual aid contract for the defendant's vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 9, 15 (including additional numbers), the purport of the whole pleadings

B. According to the above recognition of liability, the primary defendant is liable to compensate the plaintiffs who are the deceased and their bereaved family members as mutual aid business operators of the defendant vehicle for damages.

As to this, the primary defendant asserts that at the time when the defendant's vehicle shocks the plaintiff's vehicle, the deceased was not in the state of boarding the plaintiff's vehicle, and that it was deceased due to shock of another fire vehicle.

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