beta
(영문) 서울중앙지방법원 2016.08.11 2015가단14240

구상금

Text

1. The Defendants jointly share KRW 8,610,877 with the Plaintiff, and 5% per annum from July 1, 2014 to August 11, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with D concerning the E-Vehicles owned by it, which includes an injury without insurance, and is entrusted by the Minister of Land, Infrastructure and Transport pursuant to the Guarantee of Automobile Accident Compensation Act, and the Defendant A is a person who has caused any traffic accident which is deemed to be below while driving non-insurance or non-registered 125cc mera (hereinafter “the instant Orabab”), and the rest of the Defendants are the parents of Defendant A.

B. On May 15, 2012, around 23:26, Defendant A (FF students and those attending the second grade of high school) carried a fluoral district in the instant Oba, and carried three-lanes of the three-lane roads located in the 252-95, Gwangjin-gu, Seoul Special Metropolitan City, into the jurisdiction of the Mine Police Station at the jurisdiction of Gwangjin-gu, Seoul Special Metropolitan City, while driving the three-lanes of the three-lanes of the road located in Gwangjin-gu, Seoul Special Metropolitan City, which crosses the crosswalk from the right side of the crosswalk to the left side of the crosswalk, resulting in a traffic accident (hereinafter “instant traffic accident”).

C. By June 30, 2014, the Plaintiff paid D totaling KRW 23,526,730 [of KRW 10,211,570 [of KRW 10,39,390,390, 9,332,180, the agreed amount of KRW 9,315,160] medical treatment expenses and agreed amount of KRW 13,315,160 (=the agreed amount of KRW 9,308,320, the agreed amount of KRW 4,06,840];

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 5 (including branch numbers for those with additional numbers; hereinafter the same shall apply), 7 evidence, Eul evidence 1 through 3, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, Defendant A is liable to compensate for damages incurred by D due to the instant traffic accident that occurred during the operation as a driver of the Oral Ba in the instant case.

B. On the other hand, even if a minor is held liable for tort on his own due to his ability, the damage is caused to the minor.