구상금
1. The Plaintiff:
A. Defendant A’s KRW 30,327,770 as well as 5% per annum from February 10, 2017 to July 1, 2017.
1. The facts stated in the separate sheet of claim as to the cause of the claim do not conflict between the parties, or can be acknowledged by considering the whole purport of the pleadings as a whole in each entry in Gap evidence 1 to 6 (including a serial number; hereinafter the same shall apply).
According to the above facts of recognition, the defendants are jointly obligated to pay the money stated in the order to the plaintiff.
2. Determination as to the assertion by Defendant A-Brenck Ltd. (hereinafter “Defendant Company”).
A. In the instant siren contract, even though the driver of the Defendant’s vehicle was at least 26 years of age, the lessee, Co., Ltd. neglected to allow the Defendant A under 26 years of age to drive the Defendant vehicle, thereby the Defendant Company is not liable for compensation against the Plaintiff.
In addition, the instant siren contract is a three-year long-term siren contract, which stipulates that the lessee shall perform the duty of good manager of vehicles in the instant siren contract, and in reality, Defendant Arenk is not able to manage the lessee on a daily basis. Therefore, there is room to view that Defendant Arenk lost its identity as an operator under the Guarantee of Automobile Accident Compensation Act.
B. Although a third party was involved in an accident while driving his/her motor vehicle without permission, the owner of the motor vehicle shall be held liable for the accident as an operator under Article 3 of the Guarantee of Automobile Accident Compensation Act, unless there are special circumstances to deem that the owner’s control of operation and the profits from operation have been completely lost. Whether the driver’s control and the profits from operation have been lost or not shall be recognized as the victim of the accident.