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(영문) 서울중앙지방법원 2019.02.13 2017가단5175984

손해배상(자)

Text

1. The Defendant: (a) KRW 310,00,000 to Plaintiff A; (b) KRW 7,400,000 to Plaintiff B; and (c) KRW 5,00,000 to Plaintiff C and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) E is Fpoter Ⅱ Cargo (hereinafter “Defendant Vehicle”) around 21:37 June 19, 2016.

) A person driving his/her vehicle and driving his/her vehicle in Yangcheon-gu Seoul Metropolitan City along the three-lane roads in front of the H convenience point of the H convenience point and driving his/her vehicle in the direction of the south cycle from the eropic tunnel to the south cycle, and then he/she moved his/her vehicle in the direction of the five-month old housing. As above, E is the otobba (hereinafter referred to as “Plaintiff Otoba”).

3) The front part of the Defendant’s vehicle was shocked to the right side of the Defendant’s vehicle (hereinafter “instant accident”).

I (hereinafter referred to as “the deceased”) thereby;

(2) The plaintiff A is a parent of the deceased, and the plaintiff B and C is a mutual aid operator who entered into a mutual aid agreement with respect to the defendant's vehicle.

B. 1) According to the above recognition of liability, as the deceased died due to the operation of the Defendant’s vehicle, the Defendant is jointly and severally liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as a mutual aid business operator, barring any special circumstance. 2) Meanwhile, the Defendant asserts that the instant accident occurred during the driving without a license of the E, and that the Defendant is not liable for the personal liability Class, and is not liable for the personal liability insurance money according to the

In full view of the above evidence and evidence evidence No. 2, the defendant's comprehensive automobile insurance contract terms and conditions stated that "any damage caused by an accident that occurred when a person drives without a license under the explicit or implied approval of the named insured shall not be held liable for personal injury II" under Article 8 (1) 8 of the terms and conditions of the defendant's comprehensive automobile insurance contract. It is acknowledged that E was a state of suspension of license at the time of the accident.

However, it is reasonable that J, the insured of the defendant vehicle, explicitly approved the non-licensed driving with knowledge that E is a state of license suspension.