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(영문) 부산지방법원 2015.06.11 2014가합51735
손해배상(기)
Text

1. Defendant C: (a) KRW 60,339,648; (b) KRW 59,439,648; and (c) KRW 59,439,648; and each of them, from March 15, 2014 to March 15, 2015.

Reasons

Basic Facts

A. The Plaintiffs are parents of the network D (hereinafter “the deceased”) that died on April 14, 2014, who are the deceased’s successors, and Defendant C operates four-wheeled ATV lending points in the name of “F” from the racing-si.

B. At around 11:40 on March 15, 2014, the Deceased borrowed 2 ATV from “F” operated by the Defendant, along with G, H, and I, a high school creator, with one of them, and then felled with a height of approximately 1.5 meters, and was injured by two parts, etc.

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

After the instant accident, the Deceased was sent to the emergency department of the 119 Emergency Medical Service University, and was hospitalized on March 25, 2014, and was transferred to the Busan Medical Center, but did not recover from the hospital. On April 14, 2014, the Deceased died as a private person.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 through 4 (including the number of each branch), the purport of the whole pleadings, and the occurrence of liability for damages.

A. In full view of the overall purport of the arguments in Gap evidence Nos. 13-5, 7, 8, and 35, and witness H’s testimony, the defendant C lent ATV to the deceased, and leased the same by taking off the lines to prevent the operation of the preceding so as to be dangerous for customers like the accelerator (speeder) on the ground that there is a danger for customers who are installed at the right hand knife at the right hand, and leased ATV leased to the deceased was in the state of failure or operation of the speed limit. The fact that the speed limit of ATV leased to the deceased was large, and that the traffic accident investigation and analysis conducted by the Gyeongbuk branch of the Road Traffic Authority (as stated in evidence No. 135 of the evidence No. 135 of this case) on the part of the witness H, on the other hand, at the average speed of 0.28, 190-28, 196-4m2.

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