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(영문) 인천지방법원 2019.12.18 2018나72980
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against Plaintiff A ordering payment is revoked.

The defendant is D.

Reasons

1. Basic facts

A. The F Co., Ltd. (hereinafter “F”) is the owner of GYFHHHA car (hereinafter “instant vehicle”), and the Defendant is a mutual aid project operator who entered into a comprehensive motor vehicle mutual aid agreement with F with respect to the instant vehicle (hereinafter “instant mutual aid agreement”).

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

C. Around 18:10 on October 10, 2015, the instant vehicle driven by D was driven by, and was driven by, a driver, while driving one lane in front of the due diligence of the JA company located in Yong-nam A, Young-gun I, the vehicle turned into the opposite lane due to the driver’s failure to drive the vehicle beyond the centralized separation zone and cut down the street trees.

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

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. Plaintiff B is the father of Plaintiff A, and Plaintiff C is the mother of Plaintiff A.

F. The Plaintiffs filed the instant lawsuit with the Defendant and D as the Defendant. The court of the first instance shall regard the Plaintiff’s lost income damages of KRW 271,210,083, and KRW 349,080, and KRW 65% of the present price at the time of the Plaintiff’s accident of assistive devices, KRW 35,000, KRW 300, KRW 7500,000, and KRW 7,500 of the solatium’s consolation money, respectively, as KRW 211,635,633, and KRW 7,50,000, and KRW 7,50,000 to the Plaintiff, and KRW 5% of the annual amount from the following day to October 23, 2015 to the date of full payment.

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