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(영문) 서울중앙지방법원 2016.06.23 2016가합505146

손해배상(자)

Text

1. The Defendants jointly do so to the Plaintiff KRW 73,646,020, Plaintiff B, C, and D, respectively, and each of them.

Reasons

1. Basic facts

A. On July 25, 2015, around 09:32, the instant accident occurred to the network G (hereinafter “the instant accident”) that had been installed on the rail of an inner wall due to negligence in failing to properly operate the dong while driving a fenna cruise car at the front parking lot of the passenger ship terminal terminal in Jindo-gun, Jindo-gun in order to turn to the left at the left-hand (hereinafter “instant vehicle”) at the front of the passenger ship terminal box in Jinnam-gun, Jindo-gun. Around that time, the instant accident caused the death of the deceased (hereinafter “the instant accident”).

B. The relation 1) The Plaintiff is the husband of the Deceased, and the Plaintiff B, C, and D are the children of the Deceased. 2) The Defendant Hansung Damage Insurance Co., Ltd. (hereinafter “Korean Commercial Damage Insurance”) is the insurer who entered into a comprehensive automobile insurance contract with the Plaintiff regarding the instant vehicle, and the Defendant Republic of Korea bears the responsibility for the installation and management of the cognent clause, which is the location of the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 9, 13 (including branch numbers, hereinafter the same) and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts, the deceased died due to the operation of the vehicle of this case, and the defendant Han Lan Insurance is liable for the damages suffered by the deceased and the plaintiffs due to the accident of this case, unless there are special circumstances as the insurer of the above vehicle. 2) As to this, the defendant Han Lan Insurance is liable for the damage of the deceased and the plaintiffs. As to this, the deceased was on board the vehicle of this case for the purpose of travel of the husband and wife, and part of the other accompanying travelers were on the vehicle of this case with the consent of the insured E, the deceased controlled the operation of the above vehicle equally with E, and led to operational benefits, and thus, it constitutes a joint operator under Article 3 of the Guarantee of Automobile Accident Compensation Act.