(영문) 서울중앙지방법원 2018.01.12 2017가단57234

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(영문) 서울중앙지방법원 2018.01.12 2017가단57234

손해배상(자)

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1. As to Plaintiff A, the Defendant: (a) KRW 70,256,475; (b) KRW 65,256,475; and (c) KRW 65,256,475, and each of the said money, from March 10, 2017 to March 2018.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) C is a D Poter Cargo (hereinafter “Defendant Vehicle”) around 06:00 on March 10, 2017.

) A driver’s license and driving along the route 4.6 km away from Daejeon to the right-side of the highway located in the Jung-gu Eup at the time of official residence, along two-lanes from Daejeon to the right-side of the two-lanes. A driver’s license and driving on the two-lane side of the E driver’s license, who stopped on the right-side side of the two-lane road in the same direction, received the remainder of the left-hand side of the E driver’s license and driving on the right-hand side of the Defendant’s vehicle (hereinafter “instant accident”).

2) G on the ground of the instant accident, who was on the top of the Defendant vehicle, died.

(3) The Plaintiffs are the deceased’s children, and the Defendant is the mutual aid business operator who entered into a mutual aid agreement with respect to the Defendant’s vehicle. According to the fact of recognition of liability, the Defendant is responsible for compensating the Plaintiffs who are the deceased and their bereaved family members, as the mutual aid business operator of the Defendant’s vehicle. (c) The Defendant asserts that the amount of compensation should be reduced because the deceased was on board the Defendant’s part for daily work of the ginseng field, along with other passengers.

In light of the relationship between the driver of the Defendant vehicle and the Deceased, the driver of the Defendant vehicle and the Deceased, who introduced the Deceased et al. to work in the ginseng field operated by him, caused the instant accident. Considering the relationship between the driver of the Defendant vehicle and the Deceased, the background of the boom, etc., it is difficult to view that there are circumstances to adjust the Defendant’s liability even in light of the good faith principle and the principle of equity.

2. In addition, the defendant asserts that the deceased did not wear safety belts, thereby expanding the damage caused by the accident of this case. However, according to the evidence No. 1 of this case, the deceased should take account of these circumstances.

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