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(영문) 인천지방법원 2018.10.23 2016가단236918
손해배상(자)
Text

1. Defendant D shall pay to Plaintiff A KRW 211,635,633, KRW 7,500,000 to Plaintiff B, and KRW 7,500,000 to Plaintiff C and each of the above amounts.

Reasons

1. Basic facts

A. F Co., Ltd. (hereinafter “F”) is the owner of GYF YF Baa car (hereinafter “instant vehicle”), and Defendant E-Financial Cooperative (hereinafter “Defendant E-Financial Cooperative”) is the business owner who entered into a comprehensive automobile mutual aid agreement with F with respect to the instant vehicle.

B. On October 9, 2015, F entered into a lease agreement with the lessor, Defendant D’s first driver (Lessee), Plaintiff A (H students, women, and Chinese people) with respect to the instant vehicle (hereinafter “instant lease agreement”) from October 9, 2015 to October 18, 2015, with the lease period from October 18, 2015 to October 18, 2015, with the lease fee of KRW 120,000 (hereinafter “instant lease agreement”).

C. Around 18:10 on October 10, 2015, the instant vehicle driven by Defendant D was driven by Defendant D, while driving the instant vehicle on the street in front of the due diligence of JA company set forth in Yong-Namnam A, Young-gun I, and the driver was absent the centralized separation zone and fell down on the opposite lane due to the driver’s failure to drive the vehicle.

(hereinafter referred to as the “instant accident”). The content of the site map of the instant accident among the written confirmation of the fact of the traffic accident in relation to the instant accident is as shown in attached Table 1.

At the time of the instant accident, Plaintiff A, who was accompanied by the instant vehicle, was faced with injury, such as the 3rd century emission frame and the 1st century pressure frame due to the instant accident.

E. The plaintiff B (K, male, and Korean) is the father of the plaintiff A, and the plaintiff C ( Female, Chinese, and Chinese) is the mother of the plaintiff A.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of the whole pleadings]

2. Determination as to the plaintiffs' claim against the defendant union

A. The plaintiffs' assertion summary 1 of the plaintiffs' assertion is that F, the owner of the instant vehicle, constitutes "a person operating an automobile for his own sake" as stipulated in Article 3 of the Guarantee of Automobile Accident Compensation Act, and the defendant union entered into a comprehensive automobile deduction contract with F with regard to the instant vehicle.

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