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(영문) 서울중앙지방법원 2021.01.15 2019가단5115900
손해배상(자)
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 130,111,465 and as a result, from September 12, 2015 to January 15, 2021.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) D, while under the influence of alcohol 00:15 on September 12, 2015, D, while driving a EX car owned by Defendant C Co., Ltd. (hereinafter “Defendant C”) (hereinafter “Defendant”) with a EX car under the influence of alcohol 0.123% (hereinafter “Defendant C”) and proceeding the front road in the Seoul Gwanak-gu Seoul Special Metropolitan City with a bend and down door from the boundary of the Seoul metropolitan area. The Plaintiff suffered from the injury of the front part of the Defendant vehicle, etc. (hereinafter “the instant traffic accident”). The Plaintiff suffered from the injury of the front part of the Defendant vehicle (hereinafter “the instant accident”).

3) Defendant B’s Financial Cooperative (hereinafter “Defendant B Financial Cooperative”) is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant vehicle.

【Uncontentious facts, Gap evidence Nos. 2, 3 through 5, and 14 (including the number of branches; hereinafter the same shall apply)

each entry or video, the whole purport of the pleading;

B. According to the above recognition of liability, Defendant C, as the owner of the Defendant vehicle, was injured by the Plaintiff due to the operation of the Defendant vehicle, is jointly and severally liable with the Defendant Mutual Aid Association, which is a mutual aid business entity (see, e.g., Supreme Court Decisions 92Da2530, May 11, 1993; 2010Da53754, Oct. 28, 2010).

(c)

The defendant mutual aid association, which judged the claim on limitation of liability of the defendant mutual aid association, was negligent in failing to properly protect the identity of the plaintiff as a pedestrian.

One of the arguments is that there is no evidence to acknowledge it, and rather, the evidence Nos. 2 and 14 is written or written.

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