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(영문) 대구지방법원서부지원 2017.08.29 2016가단817

손해배상(기)

Text

1. The Defendants jointly share KRW 3,00,000 to Plaintiff A, and KRW 500,000 to Plaintiff B and C, respectively, and KRW 300,00 to Plaintiff D.

Reasons

1. Occurrence of liability for damages;

(a) The facts subsequent to the facts of recognition do not conflict between the parties, or may be recognized by comprehensively taking into account the respective descriptions of Gap evidence 1 to 15, 18, Eul evidence 2, 3, 4, and Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply) and the whole purport of the pleadings:

(1) Defendant E is an employee of the I Institute of Private Teaching operated by Defendant F, who has driven a J-F vehicle (hereinafter “private teaching institute”).

Defendant F is a person who employs Defendant E.

(2) At around 17:00 on June 4, 2015, Defendant E opened an automatic rear door with no guardian accompanied by his/her guardian, and the Plaintiff A (the 9-year age at that time) who is a student of a private teaching institute (the 9-year age at that time) voluntarily lowered.

The place is the children protection zone.

(3) Defendant G driven a L vehicle at the same time and at the same place (hereinafter “Defendant G vehicle”) and proceeded ahead of it to the private teaching institute vehicle behind the private teaching institute vehicle. Defendant G driven a Mcar at the same time and at the same place (hereinafter “Defendant H vehicle”), driving the said vehicle, driving the said road on the side of the private teaching institute vehicle, and driving it along with Defendant G vehicle.

(4) Plaintiff A crossing the said road at a place where there is no crosswalk behind the driving school vehicle and the Defendant G vehicle.

Defendant H did not discover Plaintiff A and shocked Plaintiff A with the front gate part of Defendant H-Vehicles without discovering Plaintiff A.

(hereinafter “instant accident”). (5) Plaintiff A suffered from injury, such as cryposis and 3 degrees of video, etc., due to the instant accident.

(6) With respect to Plaintiff A, Plaintiff B’s father, Plaintiff C’s mother, and Plaintiff D are punished.

(b) The basis for the responsibility (1) Defendant E must confirm the safe unloading of Plaintiff A while the driver of a driving school is not accompanied by his guardian, and arrive at a safe place from the vehicle.