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(영문) 울산지방법원 2019.07.17 2018가단68232

손해배상(기)

Text

1. All of the plaintiffs' lawsuits against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is the husband of the deceased F (hereinafter “the deceased”), and Plaintiff B and C are the deceased’s children, both of whom are the deceased F’s inheritors, Defendant D Co., Ltd. (hereinafter “Defendant D”) is the managing entity of the instant apartment that was entrusted by the council of occupants’ representatives with the management of the instant apartment by Ulsan-gu G Apartment (hereinafter “instant apartment”) in which the deceased and the plaintiffs resided, and Defendant E Co., Ltd. (hereinafter “Defendant E”) is the starting construction of the instant apartment.

B. At around 07:30 on August 20, 2014, the Deceased was closely pushed down the JA car owned by Nonparty I (hereinafter “instant car”) to drive his own car parked in the second parking zone on the left end of the instant apartment. However, the instant car continued to be opened to the entrance of the apartment, and the Deceased was put up the instant car with his body moved to the right side of the instant car, but was not put up. On June 27, 2018, the Plaintiff continued to set up the instant car with his body moved to the right side of the instant car. On the other hand, the instant car was shut down after the entrance of the instant apartment beyond the speed limit, and the Deceased was to stop the instant car due to his own own etc., and was inflicted injury on the instant car due to the instant car’s station path and the deceased was hospitalized at the hospital up to June 27, 2018 and was hospitalized at the hospital up to a maximum period of 108Da478, Jun. 27, 2018.

(hereinafter “instant accident”). C.

The non-party M&A, an insurance company for the instant car (hereinafter “M”), paid KRW 237,889,280, which is the full amount of the deceased’s hospitalized treatment costs due to the instant accident. The Plaintiff C received KRW 12 million from M on behalf of the deceased’s property heir, as indicated in the attached form of calculation of the agreed amount, on behalf of the deceased, including the Plaintiff A and B, and received KRW 12,000,000 as calculated in the attached form of calculation, between M and M on July 26, 2018.