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(영문) 서울남부지방법원 2016.12.22 2016가단222365

손해배상(자)

Text

1. Defendant B and Defendant C jointly pay to the Plaintiff KRW 188,934,958 and their payment from December 22, 2016.

Reasons

1. Basic facts

A. On April 21, 2013, Defendant B received instructions from the president of the above company to take care of the business partners including Defendant C by driving the vehicle of Defendant C instead of Defendant C, while working with the local business partners including Defendant C around April 21, 2013 as employees of the company trade in Vietnam.

B. Accordingly, on April 7, 2013, Defendant B, who was issued the keys of a beer cruise vehicle by Defendant C, driven the said vehicle under the influence of alcohol concentration of 0.093% (hereinafter “the instant sea vehicle”) at a 2-occomponed level on Apr. 7, 2013, and driven the said vehicle (hereinafter “the instant sea vehicle”) along the intersection distance from the intersection distance of Gangseo-gu Seoul, Gangseo-gu, Seoul.

C. However, although Defendant B, as a driver of a vehicle, has a duty of care to display the traffic situation on the front side well and to accurately operate the steering and steering devices, he gets involved in the center line by suddenly operating the instant sea-going vehicle, and thereby, he got the front part of the taxi running in the second two-lane opposite to this, and continued to drive the Plaintiff’s vehicle on the right side of the front part of the opposite part.

(hereinafter “instant traffic accident”). D.

The Plaintiff suffered injury, such as leaving-off cutting, which requires approximately 12 weeks of medical treatment due to the instant traffic accident.

[In the absence of dispute, entry of Gap evidence 1-1, 2, and 6-1, the purport of the whole pleadings]

2. Existence of liability for damages

A. According to the above facts of recognition, Defendant C and Defendant B are jointly and severally liable to compensate the Plaintiff for the damages incurred due to the instant traffic accident, as joint operators of the instant sea-going vehicle.

(2) Defendant C asserts to the effect that not only is the owner of the instant sea vehicle, but also Defendant B did not have instigated or instructed the operation of the instant sea vehicle, and thus, it does not constitute the operator of the instant sea vehicle.