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(영문) 서울중앙지방법원 2016.06.24 2012가단277477
손해배상(자)
Text

1. The Plaintiff:

A. Defendant B and C jointly share KRW 105,870,544 and their related thereto from April 20, 2009 to June 24, 2016.

Reasons

1. Basic facts

A. On April 19, 2009, Defendant B, while under the influence of alcohol with a blood alcohol concentration of 0.158% without a car driver’s license on April 23:18, 2009, driven a Fluxa car owned by Defendant C, a workplace car (hereinafter “fluora vehicle”), and driven one lane between the two-lanes in front of the Incheon Bupyeong-gu G, Incheon, between the two-lanes.

Defendant B, by negligence, neglected to perform the duty of Jeonju City, took part of the back part of the part concerning the rear part of the Hpoter car (hereinafter referred to as “victimd vehicle”) of the Plaintiff’s driving which was in the atmosphere of signal at the front bank, and caused the Plaintiff to suffer injury, such as catitis, scar, scar, and scar in the front part of the vehicle.

B. Defendant C entered into a comprehensive automobile insurance contract including the limited special agreement between Defendant D Co., Ltd. (hereinafter “Defendant D”) and Defendant D Co., Ltd. (hereinafter “Defendant D”) with himself as the insured, and the insured as the insured.

C. The Plaintiff’s mother entered into an automobile comprehensive insurance contract with Defendant E Co., Ltd. (hereinafter “Defendant E”), which contains a clause that compensates for damage to KRW 200 million per person as stipulated in the terms and conditions of the contract when the registered insured and his spouse, children, etc. died or are injured by an accident resulting from an insured vehicle (hereinafter “instant terms and conditions”), by making the Plaintiff’s father J as the insured, and the damaged vehicle as the insured.

The main contents of the instant terms and conditions are as shown in the attached Form (1).

[Reasons for Recognition] Uncontentious Facts, Gap 1, 3 evidence, Gap 8-1, 2, 4-13, Eul 1, the purport of the whole pleadings

2. Determination as to claims against Defendant B and C

A. According to the above facts, Defendant B is a driver of a sea-going vehicle, and Defendant C is an operator under the Guarantee of Automobile Accident Compensation Act, due to the instant accident.

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