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(영문) 서울고등법원 2017.01.13 2016나2034173
손해배상(기)
Text

1. The claims of the plaintiffs and the succeeding intervenor A expanded in the appeal and trial proceedings of the plaintiff and the succeeding intervenor A are all filed.

Reasons

1. Basic facts

A. The Defendant is a company established for overseas construction business and overseas construction service business, and is the user of the network D (hereinafter “the network”), and the spouse of the Plaintiff A and the Plaintiff B are the deceased’s children.

B. On August 6, 2007, the Deceased served as a member of the Defendant Company, and was dispatched to the Dadra site on May 28, 2013 for the performance of the project.

On August 3, 2014, at 09:45 on the day following the date of Aug. 3, 2014 (hereinafter the same shall apply), the deceased was on the offsite with the Defendant’s field manager E, the head of the public service team, and G (hereinafter the “G”) prepared by the guard company (hereinafter the “G”), to be present at meetings related to the visa of workers at the field of the KNF, which was scheduled to be held at the KNF, and started the site at the offsite along with a separate heading vehicle.

C. At the time, the first class of the instant vehicle (I; hereinafter “I”) and the J (J; hereinafter “J”) as the driver, the person responsible for the G Security Team, the Deceased and E in the second class, and the third class in the third class.

On August 3, 2014, around 22:45, at the Badra site, approximately 120 km away from the right side of the instant vehicle, causing a traffic accident involving the said vehicle to be cut off several times.

이로 인하여 망인이 차량 외부로 튕겨 나가 두개골 골절 및 국소적인 지주막하출혈, 뇌좌상, 경추 및 일부 흉추의 극돌기의 골절, 다발성 늑골 골절 등 상해를 입고 사망하였다

(이하 ‘이 사건 사고’라 한다). 당시 사고현장 도로에는 음푹 패인 곳들이 있었고, 눈에 띄지 않게 튀어나온 곳들도 있는 등 도로사정이 열악한 상태였다. 라.

At the time of the instant accident, the winners of the Deceased have stopped the instant vehicle and went out of the returned vehicle after the accident.

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