(영문) 서울중앙지방법원 2017.10.19 2016가단5195424



1. The Defendant: 5% per annum from April 28, 2016 to October 19, 2017 with respect to each of the Plaintiffs’ KRW 76,587,679 and each of the said money.


1. Occurrence of liability for damages;

A. The facts of recognition (1) around 15:30 on April 28, 2016, C driven a D car (hereinafter referred to as “Defendant vehicle”) and driven a road of the one-lane Do adjacent to the location of the tax office located in the west-dong Tax Office in Seosan City, Seosan-do at the speed of 82.8 to 84.6km (limited speed of 60km) at the speed of 82.8 to 84.6km (limited speed of 60km).

Since the place is an intersection connected to the upper side of the road, C is negligent in neglecting the upper side and the right and the right and the right and the right and driving safely, and C was in front of the right and right of the Defendant, and C was in front of the part of the left part of E-driving, which is the F.M., which is proceeding the above farming road from the Cheongcheon Riverside to the Samsung Apartment Riverside.

(2) The E (hereinafter “the deceased”) died due to the instant accident.

(3) The plaintiffs inherited the deceased as their children, and the defendant is the insurer who entered into a comprehensive insurance contract with respect to the defendant's vehicle.

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, Gap 7, and 8 evidence, each entry or video (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. (1) According to the above fact of recognition of liability, the defendant is liable for damages suffered by the deceased and the plaintiffs due to the accident of this case as the insurer of the defendant vehicle.

(2) Accordingly, the Defendant driving the Defendant’s vehicle is an employee of the South-west Building Service Co., Ltd. (hereinafter “Seoul-west Building Service”), and the Defendant is driving the Defendant vehicle to deliver the said vehicle to G after completion of repair at the request of the owner of the Defendant’s vehicle G.

Since the accident of this case occurred, the right to control the operation of the defendant vehicle at the time of the accident of this case was owned by the repair company, and G did not have the status as the operator of the above vehicle.

It shall be repaired when it is delivered to a repair business operator for a strawing and repairing of a motor vehicle.