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(영문) 대구지방법원 2017.12.22 2015가단7487

손해배상(자)

Text

1. The Defendants jointly share KRW 38,456,223 with respect to the Plaintiff and the period from March 31, 2013 to December 22, 2017.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) Defendant C’s vehicle owned by Defendant D (hereinafter “instant vehicle”) around 19:00 on March 31, 2013

2) On the other hand, while driving the G main road in the Grangu, Daegu, G main road in F was negligent in driving the G main road in front of the vehicle in front of the vehicle in front of the other vehicle in front of the vehicle in front of the other vehicle in front of the vehicle in front of the same direction while driving the G main road in front of the F in front of the Gyeonggu, Daegu, Daegu, the part on the front part of the vehicle in front of the vehicle in front of the other vehicle in front of the other vehicle in front of the same direction was killed (hereinafter “instant accident”). Accordingly, the Plaintiff

2) Defendant interesting State Fire & Marine Insurance Co., Ltd. (hereinafter “Defendant Co., Ltd”) is an insurer who entered into an automobile insurance contract for the instant vehicle.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

B. According to the above findings of the determination, Defendant C is jointly liable for damages caused by the instant accident to the Plaintiff, as the insurer, as the driver of the instant vehicle, the Defendant D, and the Defendant Company.

2. The Defendants asserts that, as the Plaintiff completed the church event and was accompanied by the instant vehicle operated by Defendant C, who had attended the same church to provide meals with his parents, the Plaintiff shared the operating profit of the instant vehicle, and did not wear the safety labelling at the time of the accident, the Plaintiff’s negligence caused by the failure to wear the safety labelling at the time of the accident, contributed more than 30% to the occurrence and expansion of the damage.

If the operator of the vehicle permits the boarding of the vehicle for the convenience and interest of the passengers without any consideration, and the passenger receives the provision for his convenience and interest, various circumstances such as the purpose of operation, the personal relationship between the passenger and the operator, the background leading up to his / her being accompanied by the vehicle, in particular, the purpose and active nature of the request for the boarding.