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(영문) 서울중앙지방법원 2014.04.21 2013가단179952
구상금
Text

1. The plaintiff's claim against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. At around 01:30 on August 18, 2008, Defendant A stolen Obane owned by E (hereinafter “the instant Obane”) from the alley-ro d, Paju City, Paju (hereinafter referred to as “the instant Obane”).

B. Defendant A’s pro-friendly job offering F, without a driver’s license, brought injury to G by causing a traffic accident involving G who was crossing a cross-road on the road in front of the Seocheon-ri, Seocheon-gu, Seocheon-gu, Seocheon-si apartment on August 18, 2008, when driving the instant Gotoba without a driver’s license.

C. The Plaintiff is the insurer who entered into an automobile comprehensive insurance contract with H and I, including injury security by each non-licensed vehicle. By March 19, 2009, the Plaintiff paid KRW 59,250,70,000 in total to G, who is the father and the father of H and I, I, as a result of the Guarantee of Automobile Accident Compensation Act’s guarantee business until March 19, 200.

Defendant B and C are the parents of Defendant A.

[Reasons for Recognition] Unsatisfy, each entry of Gap1 to 14 evidence (including a Gazy number)

2. The parties' assertion

A. The Plaintiff’s assertion that Defendant A stolen the instant Oba, thereby allowing F to temporarily drive the instant Oba, and thus, Defendant A is in the position of an operator with respect to the instant Oba.

Therefore, Defendant A, as the operator of the Obane in this case, has a duty to compensate for the damage of G as the supervisor for Defendant B and C. Since the Plaintiff compensated for the damage to G, the Defendants are obligated to pay the Plaintiff, who subrogated each of G, the amount of KRW 59,250,770 and the delay damages.

B. Defendant A’s assertion by the Defendants: (a) stolen the instant Obaba, and then returned to the F, etc. with F, and returned to the place where the instant Obaba in question was stolen; (b) even though F voluntarily returned to the place where the instant Obababa was stolen, Defendant A would have caused a traffic accident while flying and operating the instant Obaba.

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