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(영문) 서울중앙지방법원 2016.05.18 2014가단5159660

손해배상(자)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 24, 2014, around 20:30 on the road between D restaurants in Gangnam-gu Seoul Metropolitan Government and F restaurants in Gangnam-gu and E, the Plaintiff was subject to an accident involving the G Driving Car HF car (hereinafter “instant vehicle”).

(hereinafter “instant accident”). (b)

At the time G was in the process of parking the instant vehicle on behalf of the customers of the said F restaurant or the said F restaurant, which is in line with the above D restaurant or this restaurant.

[Reasons for Recognition] Class A’s Evidence Nos. 1, 2, 3, 9, 10 (including branch numbers for those with serial numbers; hereinafter the same shall apply), Eul’s Evidence Nos. 1, 2, 4, 5, 7, 8, 9, and the purport of the whole pleadings

2. The defendant's judgment on this safety defense occurred while G was employed by G as a corporation I, and the defendant was not an employer of G while there was no operating profit and operating control over the vehicle of this case. The lawsuit of this case filed against the plaintiff against the defendant is an unlawful lawsuit against the non-qualified person. However, in the case of this case as a performance lawsuit, the plaintiff has the standing to be the defendant. Thus, the defendant's defense is without merit.

3. Judgment on the merits

A. The plaintiff's argument that the accident of this case occurred while G was employed by the defendant who operated the above D restaurant, and the vehicle of this case, which is the passenger's vehicle in the above D restaurant, was parked on behalf of the defendant. Thus, the defendant is liable to compensate the plaintiff for all damages under Article 3 of the Guarantee of Automobile Accident Compensation Act, Articles 756 (1) and 750 of the Civil Act, since he was either a person with operating profit and operating control over the vehicle of this case at the time of the accident of this case, or he was the user of G.

However, the payment of 22,019,220 won in the currency of the Republic of Korea and the currency of 147,151 in the People's Republic of China, which is a part of the above damage.

(b).