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(영문) 서울중앙지방법원 2017.07.05 2015가단5010045

손해배상(자)

Text

1. The Defendant: (a) on November 5, 2013, the Plaintiff KRW 1,00,000 for each of the said KRW 49,125,141, Plaintiff B, and C; and (b) on each of the said KRW.

Reasons

1. Occurrence of liability for damages;

A. On November 5, 2013, around 15:50 on November 5, 2013, at a point of 256 km in the direction of the mid-to-Jannam-Eup, Seoul Special Metropolitan City, the perpetrator's E driving of Non-Party D is reconcing with the front vehicle (wing-in vehicle) where Non-Party D's vehicle is pushed down to a road well, and the right side line after shocking, and the Plaintiff, who was the winner, suffered injury that requires treatment for about 27 weeks in the left side of the Plaintiff, such as the left-hand slot slele, the left-hand slot sle, the left-hand slot sle and tension, the left-hand sle-hand sleal damage and the escape of the protruding signboard (hereinafter referred to as "the instant accident").

(2) Plaintiff B and C are children of Plaintiff A.

3) The Defendant is an insurer which has entered into a mutual aid contract for the Defendant’s vehicle (based on recognition). It includes the fact that there is no dispute, and the evidence A1 through 10 (if available, the number may be included).

hereinafter the same shall apply.

Each entry, the purport of the whole pleadings

B. According to the fact of recognition and limitation of liability, the defendant is liable for damages suffered by the plaintiffs due to the accident of this case.

The defendant asserts that since the accident occurred while the plaintiff A was a factory of the F Company at the time of the accident, which was the head of the F Company at the time of the accident, and was aboard the defendant's vehicle operated by D, which is the same employee, the amount of damages should be reduced because it is reasonable that the plaintiff A shared the operating profit of the defendant vehicle with

First of all, in examining the legal principles on the above argument, if the operator of a vehicle permits the driver to board the vehicle for the convenience and interest of the passenger without any consideration, and the passenger receives the provision for his/her convenience and interest, the amount of compensation should be deemed to be extremely unreasonable in light of various circumstances, such as the purpose of operation, the personal relationship between the passenger and the operator, the situation leading up to his/her being accompanied by the vehicle, the purpose of the demand for the accompanying, and the active nature of the demand for the accompanying, etc.