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(영문) 서울중앙지방법원 2017.01.19 2015가단204302
손해배상(자)
Text

1. The Defendants jointly share KRW 149,189,185 with respect to the Plaintiff, and 5% per annum from September 1, 2015 to January 19, 2017.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, around 07:50 on September 1, 2015, driven a dump truck C 25.5 tons (hereinafter “Defendant 1 vehicle”) and driven a three-lane of the four-lanes in front of the sand distance near the E in Chungcheongnam-si, Chungcheongnam-si, as in the enterprise city under the yellow domination New, he received two-lanes from the right side of Defendant 1’s running direction to the left side of Defendant 1, to the part of Defendant 1 (hereinafter “Defendant 2”).

(2) On September 19, 2015, during the instant accident, H on board Defendant 2’s vehicle (hereinafter “the deceased”) died of cerebral ma in the Agian University Hospital on September 19, 2015.

(3) Defendant Samsung Fire Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) is an insurer who entered into a comprehensive insurance contract with respect to Defendant Samsung Fire Insurance Co., Ltd., and Defendant Hyundai Marine Fire Insurance Co., Ltd. is an insurer who entered into a comprehensive insurance contract with respect to Defendant Samsung Fire.

On the other hand, the plaintiff is the only heir with H's children.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence, Gap 7, 8, 11 evidence, Gap 16 evidence (including branch numbers), the purport of the whole pleadings

B. According to the above recognition of liability, the accident in this case occurred by the negligence of Defendant 1 driver and Defendant 2 driver. Thus, the defendants are jointly responsible for compensating for damages caused by the death of the deceased due to the accident in this case.

Whether the claim is extinguished due to confusion or not, since the plaintiff is the operator of defendant 2's vehicle who is responsible for compensating for the damage caused by the death of the deceased and the heir of the deceased, the damage claim and the debt are attributed to the same person due to inheritance.

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