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(영문) 서울중앙지방법원 2014.09.26 2013가단276266
손해배상(자)
Text

1. The Defendant: KRW 413,873,802 to Plaintiff A; KRW 8,00,000 to Plaintiff B; and KRW 2,00,000 to Plaintiff C and D, respectively.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) E driven a F car (hereinafter “Defendant vehicle”) and was under the influence of alcohol on October 3, 2010 on a level of 0.118% of alcohol concentration on blood, around 21:10 on October 3, 2010, and entered the outer cycle of the company in Gangdong-gu, Seoul at a point 21.9 K branch in the outer cycle of the company in Gangdong-gu, Seoul (Hah) from Guri to the direction of the opening of the company, thereby causing injury to the Plaintiff A, who was accompanied by the lower seat of the Defendant vehicle, by protruding the front part of the vehicle in the front seat of the vehicle in question.

(hereinafter referred to as “instant accident”). (2) Plaintiff B is the spouse of Plaintiff A, and Plaintiff C and D are the children of Plaintiff A, and the Defendant is the insurer who entered into a comprehensive automobile insurance policy with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4 (including additional number), Eul evidence 1 and 2, the purport of the whole pleadings

B. According to the above facts of recognition of liability, the defendant is liable for the damages suffered by the plaintiffs due to the accident of this case as the insurer of the defendant vehicle.

C. The limitation of liability: (a) according to the aforementioned evidence, the Plaintiff A and E, the driver of the Defendant’s vehicle, were aware of the mountain conference for 4-5 years, and they drank together on the day of the instant accident; and (b) in the course of returning home, the said Plaintiff was on the Defendant’s vehicle and sustained the instant accident; and (c) in light of various circumstances, such as the operating circumstances of the said vehicle, the relationship between the operator and the operator of the said vehicle, the purpose of operation, and the circumstances of the said vehicle, it is unreasonable to impose the same liability on the offender, who is the perpetrator, as a matter of good faith or equity

As such, these circumstances are to be considered in determining the scope of the defendant's liability for damages, and the accident of this case occurred while driving while under the influence of alcohol, and the plaintiff A also drinks together with the above E, the defendant's vehicle shall be considered.

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