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(영문) 서울중앙지방법원 2017.12.08 2017나51664

손해배상(자)

Text

1. The decision of the court of first instance is modified as follows. A. The decision of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 47,339,052 and its amount.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except that part of the judgment of the court of first instance is used as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The 3rd through nine second through nine of the judgment of the court of first instance shall be written in the following parts:

In light of the above legal principles, since the accident in this case occurred while the defendant Eul was acting on behalf of the plaintiff, and the substitute driver argued that he is not responsible to the defendant since it is not included in the "person who operated an automobile on behalf of the plaintiff" under Article 3 of the Guarantee of Automobile Accident Compensation Act, it is reasonable to view that the substitute driver in the internal relationship of the substitute driving agreement is operating the vehicle in accordance with the substitute driving contract which is a fee contract. Thus, the owner or the holder of the vehicle cannot be deemed to share the operating control and operating profit of the above vehicle, and is merely the passenger of the vehicle (Supreme Court Decision 2005Da25755 Decided September 29, 2005). Thus, in light of the above legal principles, since the accident in this case that occurred while the plaintiff was working on behalf of the plaintiff pursuant to the substitute driving agreement with the plaintiff, the defendant's above argument is without merit. Thus, the plaintiff cannot be acknowledged that there is evidence or circumstantial evidence that "the income of No. 16-17 of the first instance judgment is insufficient to recognize."

On the 5th 16th 16th 10th 1st 201, this Court shall be applied to "the first instance court".

Each of the six pages 9-10, 12-13, and 15-16 of the judgment of the court of first instance shall be subject to " June 1, 2017, which is the day following the closing of pleadings". "No. 8, 2017, which is the day following the closing of pleadings in the court of first instance."

Medical expenses and medicine expenses of the 6-7th judgment of the first instance court, and