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(영문) 대전지방법원천안지원 2019.08.21 2018가단101846
손해배상(자)
Text

1. The defendant shall pay to the plaintiff A KRW 17,676,374, and KRW 1,00,000, and KRW 500,000, respectively, to the plaintiff C and D.

Reasons

1. Basic facts

A. On August 17, 2016, Plaintiff A is the party to the instant construction site (hereinafter “instant construction site”).

(2) The Defendant is a mutual aid holder who entered into a mutual aid agreement with respect to G freight (hereinafter “Defendant”), and the Defendant is a mutual aid provider who entered into a mutual aid agreement with the Plaintiff’s wife, Plaintiff C, and D.

B. At around 16:20 on August 17, 2016, Plaintiff A was engaged in the discharge of loaded goods at the construction site of this case at the Defendant’s location. However, without confirming whether H, the driver of the Defendant’s vehicle, has completed the work of Plaintiff A, the Plaintiff caused an accident that Plaintiff A fell on the Defendant’s vehicle (hereinafter “instant accident”).

C. Plaintiff A’s injury sustained an injury, such as a pelle and dystrophal typology No. 4, and open wound around snow, due to the instant accident, and was hospitalized until October 19, 2016.

【Reasons for Recognition】 Each entry in the evidence Nos. 1 through 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Comprehensively taking account of the facts acknowledged before the grounds of liability, the instant accident occurred due to the negligence of driving the Defendant vehicle, without neglecting the duty of care to start the work of the Plaintiff, who was the driver of the Defendant vehicle, after confirming whether the work of the Plaintiff on board the Defendant vehicle was completed.

Therefore, the defendant who entered into a mutual aid agreement to compensate for losses caused by an accident during the operation of the defendant vehicle is liable to compensate the plaintiffs for losses caused by the accident in this case.

B. However, in full view of the facts admitted as above, Plaintiff A is also the Defendant vehicle.

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