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(영문) 서울중앙지방법원 2012.06.22 2012나7570
구상금
Text

1. Revocation of part of the judgment of the court of first instance against Defendant Eastern Fire Marine Insurance Co., Ltd.

The plaintiff is the defendant.

Reasons

The reasoning for the court’s explanation on the instant case is as follows, except for the following parts: (a) Defendant Dongbu Fire Co., Ltd., No. 4 of the first instance judgment No. 5 of the said judgment; and (b) Defendant Dong Fire, which entered into an automobile insurance contract with the instant accident vehicle as one of the instant accident vehicles, is jointly and severally liable to pay the insurance proceeds to the Plaintiff pursuant to the main sentence of Article 420 of the Civil Procedure Act.

Therefore, it is necessary to examine whether the development has the operational nature of the instant vehicle, and normally, the rental business operator manages the material of the vehicle for the purpose of lease to the lessee, and thus, the rental business operator and the lessee are directly and currently in the relation of controlling the operation of the rental business operator with respect to the leased vehicle.

However, the above facts are as follows: Defendant A leased the instant accident vehicle by using Nonparty E’s driver’s license and resident registration certificate, and prepared all personal information when preparing the vehicle lease contract; Defendant A intentionally sent E’s resident registration certificate to the effect that he/she was visited and developed as one of the following and confirmed the driver’s license in preparation for suspicion: (a) Defendant A intentionally sent the E’s resident registration certificate to the effect that he/she was asked to the effect that he/she was unable to see the question of the employee who asked for his/her identity; and (b) Defendant A sent the E’s resident registration certificate to the effect that he/she was unable to see the accident after delivery of the vehicle.

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