beta
(영문) 서울중앙지방법원 2017.02.10 2014가단79981

손해배상(자)

Text

1. The Defendant’s KRW 22,276,69 as well as the Plaintiff’s KRW 5% per annum from August 27, 2013 to February 10, 2017, and the following.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C is the E-Poter Cargo Vehicles (hereinafter “Defendant Vehicles”) owned by the Defendant on August 29, 2013 from the Defendant in order to return materials used in constructing the Defendant’s building in Chungcheongnam-gun, Chungcheongnam-do.

2) On the other hand, the Plaintiff, who is the parts of the above construction site, was able to carry the construction work material on the Defendant’s vehicle. (2) At around 12:45 on the same day, C, while driving a construction work material on the Defendant’s vehicle, the Plaintiff, who is the parts of the above construction site, went into the internal bank of the two-lane road in front of the Johnbuk-gun, Chungcheongnambuk-do Public Security Center, and was negligent in performing the duty of care to see the front bank well, and to properly operate the steering direction and operation devices, due to the negligence that the Plaintiff, who was the passenger of the Defendant’s vehicle, sustained the injury, such as the right-hand pelle, etc., by taking the back part of the G SP car driven driven by the F, which was driven by the Defendant’s front part of the Defendant’s vehicle, as the front part of the Defendant’s vehicle.

(3) The Plaintiff, as a shipbuilding unit from the roadside, was an illegal stay at the time of the instant accident due to the expiration of the domestic period of stay on September 2, 2009. (4) In relation to the instant accident, the Plaintiff received KRW 18,676,90 as temporary layoff benefits from the Korea Workers’ Compensation and Welfare Service, and KRW 14,614,60 as disability benefits.

[Reasons for Recognition: Facts without dispute, Gap evidence 1 through 5, 9, 10, 13, 20, 23

(2) The grounds of appeal No. 1

B. According to the above recognition of liability, the defendant is a holder registered as the owner of the defendant's vehicle and is a person operating an automobile for himself/herself under Article 3 of the Guarantee of Automobile Accident Compensation Act, unless there is a special reason. Therefore, the defendant is liable to compensate for the damages suffered by the plaintiff due

As to this, the defendant asserts that C was driving without permission or theft of the defendant's vehicle, but No. 9 and No. 9.