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(영문) 부산지방법원 2016.12.14 2016나43275
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

Facts of recognition

A. The plaintiff A is the spouse of the deceased F (hereinafter "the deceased"), and the plaintiff B and C are the children of the deceased.

Defendant D is a person driving the vehicle in Ireland Esch Rexroth (hereinafter “instant vehicle”), and Defendant Masung C&C is the owner of the instant vehicle, and Defendant Samsung Fire and Marine Insurance Co., Ltd (hereinafter “Defendant Samsung Fire and Marine Insurance”) is the insurer who concluded an insurance contract for the instant vehicle.

B. Defendant D: (a) driven the instant vehicle on January 7, 2014 at around 19:00, and driven the instant vehicle along the direction of 114 km point of the Busan Highway at the Busan Coast Guard from the Seoul Coast Guard to the Busan Coast Guard; (b) showed that the G rocketing car in operation of the deceased was stopped in collision with the central separation zone; (c) thus, Defendant D had a duty of care to temporarily stop in the vicinity of the vehicle involved in the accident or to safely drive the instant vehicle by checking the boundary line.

Nevertheless, Defendant D, due to the negligence of his duties, opened the top door of the instant rocketing car operation and opened the road from the first lane to the second two lanes, and had the deceased go beyond the road due to shocking into the front part of the left side of the instant vehicle, and caused death of the deceased due to the sacrife and brain damage from the site of the vehicle.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The occurrence of liability for damages as a whole, as described in Gap’s Evidence Nos. 1, 2, and 3, and Eul’s Evidence Nos. 1 (including each number; hereinafter the same shall apply), images, and the purport of the whole pleadings.

A. According to the fact of recognition of liability, Defendant D is the driver of the instant vehicle, and Defendant C is the owner and operator of the instant vehicle, and Defendant Samsung Fire Marine Insurance is the insurer of the instant vehicle, and is jointly liable for the damages suffered by the Plaintiffs due to the instant accident.

(b) limitation of liability;

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