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(영문) 창원지방법원통영지원 2020.08.26 2019가단26471

손해배상(기)

Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts: (a) around 16:35 November 10, 2017, Plaintiff A (A; hereinafter “Plaintiff A”) changed the lane into three-lanes in the process of changing the lane from 16:35 macro-si, E Co., Ltd. to the long-range distance flooding area from E Co., Ltd. to the two-lane, the left side part of the bus driven by Nonparty F (hereinafter “Defendant”) which was driven by Nonparty F while driving in the three-lane.

(hereinafter referred to as “instant accident”). The instant accident suffered an injection, such as the bones, bones, etc. of the Plaintiff A, etc.

The defendant is the G Financial Cooperative, the owner of the defendant vehicle, which is a member of the F, and if a member bears legal liability for damages, the right to claim damages can be claimed directly to the defendant.

Plaintiff

B is the spouse of the plaintiff A.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Gap evidence 3-1, fact-finding to the head of this court, the whole purport of the pleadings

2. Determination as to the cause of action

A. The plaintiffs' assertion that the accident of this case occurred in the process of changing the F, a driver of the defendant vehicle, from three to two lanes, due to shocking the plaintiff A who was driving on the bicycle, but did not conduct an investigation into the circumstances leading to the occurrence of the accident (i.e., medical expenses of KRW 51,330,860 (= KRW 4,421,433, the daily income of KRW 132,318,17,946, KRW 29,800). The defendant should compensate the plaintiff's spouse for damages of KRW 238,324,915,915 (=the damages of KRW 51,330,860, KRW 132,433, the daily income of KRW 132,318,176, KRW 197, KRW 29,807,00) which the plaintiff had already received KRW 49,50,000).

B. The plaintiffs' claim against the defendant is based on the premise of F's liability for damages, which is the driver of the defendant vehicle. The evidence submitted by the plaintiffs is alone.