logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.02.08 2017가단5157801
손해배상(자)
Text

1. The Defendant’s payment of KRW 18,135,805 and each of the said money to Plaintiff A from July 7, 2017.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 00:07 on July 7, 2017, D driven a wing truck (hereinafter “Defendant vehicle”) and driven on four-lanes from the five-lane speed 384.7 km in the Cheongdo-dong Cheongdo-dong Cheongdo-dong Cheongdo-dong Cheongdong (hereinafter “Defendant vehicle”). At the front of the Defendant vehicle, D confirmed the fact that the F Driving G MT freezing vehicle (hereinafter “Plaintiff vehicle”) was stopped due to a prior accident and continued to stop on the front part of the Defendant vehicle. However, D turned down the front part of the Plaintiff vehicle.

이로 인해 F는 원고 차량 밖으로 튕겨나가 뇌손상 등으로 사망하였다

(2) The plaintiff A is the wife of F (hereinafter referred to as "the deceased"), the plaintiff B, and C, and the defendant are the mutual aid contractor who entered into a mutual aid agreement with respect to the defendant's vehicle.

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, each entry or video (including branch numbers; hereinafter the same shall apply) of Gap 9 evidence, the purport of the whole pleadings

B. According to the above recognition of liability, the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case as a mutual aid business operator of defendant vehicle.

C. Limit of liability: (a) the following circumstances that can be recognized by the aforementioned evidence, i.e., (b) the deceased caused a prior accident involving towing the front part of the Plaintiff’s vehicle; (b) the Plaintiff’s vehicle was in the Plaintiff’s vehicle without wearing a safety bell without leaving the front side after the prior accident; and (c) there was no time to take safety measures, etc. after the accident, if the driver of the vehicle that caused the prior accident was negligent in the occurrence of the prior accident on the expressway.

Even if it was difficult to expect such measures due to injury, etc., the damage compensation system is that the negligence that caused a preceding accident or did not take safety measures after the accident is fair sharing of damages.

arrow