logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.06.29 2016나312002
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the Defendants ordering payment in excess of the following part ordering payment.

Reasons

1. Basic facts

A. Defendant C is the driver of D 4.5 tons car truck (hereinafter “Defendant vehicle”); Defendant Mineball Co., Ltd. (hereinafter “Defendant Company”) is the operator of the Defendant vehicle; Defendant Mineball Co., Ltd. (hereinafter “Defendant Company”) is the insurer of the Defendant vehicle. Defendant Federation of Korea Freight Trucks (hereinafter “Defendant Federation”) is the insurer of the Defendant vehicle.

B. At around 18:05 on June 18, 2015, Defendant C driven the Defendant’s vehicle and driven the national highway No. 28 in front of the 2nd class of the 2nd class, which is at the speed of 60km per hour at the speed of 18:05, Defendant C, at the speed of 67km at the speed of 67km per hour from the Sincheon-si bank of Yongcheon-si, the front left-hand side of the E-Poter Truck (hereinafter “Plaintiff-motor vehicle”) which was connected with the central line and returned to its own lane, was received as the front left-hand side of the Defendant’s vehicle.

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

In the instant accident, the F, who was driving the Plaintiff’s vehicle (hereinafter “the deceased”), died from an exposure show, etc., and the mother of the deceased, who is the passenger of the Plaintiff’s vehicle, suffered injury, such as a closed diversification, which requires treatment for about six weeks.

Plaintiff

A is the only inheritor as the mother of the deceased, and B is the subject of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 8, 9 (including each number; hereinafter the same shall apply), Eul evidence 2, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The Plaintiff’s assertion 1) The instant accident occurred due to Defendant C’s violation of the central course, speed, and method of salvage, which directly caused the occurrence of the accident, and thus, the Defendant is liable to compensate the Plaintiff for the damages incurred therefrom, and the fault ratio of the Defendant’s vehicle exceeds 60%. 2) The instant accident occurred due to the abnormal operation of the Plaintiff’s vehicle, which was driven by the median line first.

arrow