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(영문) 창원지방법원진주지원 2014.02.14 2013가단30413
손해배상(자)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 17, 2012, Nonparty E driven a F vehicle owned by the Plaintiff (hereinafter “Plaintiff”) on October 17, 2012, and operated a two-lane at a point 54 km from the west-gu, Seogdong-gu, Seogdong-gu, Seogdong-gu, Seogdong-gu, and died by shocking Nonparty G who was working to recover safety facilities, such as Rabcon, while driving a two-lane at a point 54 km in Jin-gu, Jin-dong, Jin-dong, and died. The latter part of the H vehicle owned by Defendant D (hereinafter “Defendant vehicle”), which was stopped on the front side of the Plaintiff’s driver’s seat (hereinafter “instant accident”). Accordingly, Nonparty D died.

B. Plaintiff A is the wife of the above network E, and the rest of the plaintiffs as the above plaintiffs are the inheritors of the above E.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Gap evidence No. 8-32 and 33, the purport of the whole pleadings

2. Claims concerning the cause of claims;

A. Defendant D’s claim against Defendant D is a person who operates an automobile for himself as prescribed in Article 3 of the Guarantee of Automobile Accident Compensation Act and is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident.

B. Defendant Daeung Construction Co., Ltd. (hereinafter “Defendant Corporation”) contracted the above soundproof wall construction to Defendant D, and supervises and supervises the above construction site. In such a case, as the construction site differs from each other, the Defendant Company: (a) had Defendant D take safety measures to prevent traffic accidents; (b) had Defendant D from causing traffic accidents; and (c) neglected to monitor and supervise the above construction; and (d) caused the instant accident, the Plaintiff as the contractor for construction pursuant to Article 757 of the Civil Act.

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