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(영문) 제주지방법원 2017.02.15 2015나1901
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Basic facts

A. B, C, and D operate a vicarious driving company (hereinafter “instant company”) under the name of “E” in Jeju Special Self-Governing Province (the nominal representative is B) and applied a comprehensive business automobile insurance contract to the two of the foregoing passenger vehicles (the two of the foregoing passenger vehicles) while operating four of their substitute driving engineers, such as the location of customer vehicles or the office of a vicarious driving engineer after the completion of vicarious driving (hereinafter “traffic use”), and applying the respective special terms and conditions for commercial transport to the two of the foregoing passenger vehicles (12 of each of the foregoing passenger vehicles), while entering into a personal automobile comprehensive insurance contract to the two of the foregoing passenger vehicles (7 of each of the two persons).

B. B purchased the FEXE vehicle under its name (hereinafter “instant vehicle”), and used the instant vehicle for the purpose of commuting to and from work of oneself, C, and D with the phrase “E” and “temporary recruitment of acting drivers” and the phone number of the instant enterprise indicated on the outside of the vehicle, and used the instant vehicle for the purpose of commuting to and from work of the instant enterprise. The insurance period between the Defendant and the Defendant set the insurance period from February 21, 2013 to February 21, 2014, did not apply to the special terms and conditions of commercial transport when concluding an individual automobile comprehensive insurance contract.

C. At around 03:10 on April 5, 2013, G: (a) while driving a knife vehicle at the front seat of the instant vehicle and driving from the Jeju District Court to the 3-lane of the Jeju District Court at the Jeju District Court located in the 8-do Do Do 2013, G caused an accident of shocking the rear part of the instant vehicle of the I driver who was temporarily parked in the front seat of the instant vehicle (hereinafter “instant traffic accident”); (b) as an acting driver belonging to the instant company, the Plaintiff, who was at the lower seat of the instant vehicle at the lower seat of the instant vehicle, suffered injury, such as the head and the main part, the frame, the closure of the body part, and the closure of the fourth Do 8-do Do 2014.

The Plaintiff from April 5, 2013 due to the instant traffic accident.

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