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(영문) 전주지방법원 2020.12.23 2020나3997
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff, E, and Defendant B are school lines and post-school lines, and Defendant C and Defendant D are parents of Defendant B.

B. On January 28, 2019, the Plaintiff entered into a vehicle lease agreement with K5 passenger cars (I; hereinafter “instant vehicle”) at the following business establishments: (a) from January 28, 2019 to January 18, 2019; (b) from January 18, 2019 to January 18, 2019.

(E) At the time of the conclusion of the above contract, the Plaintiff was an adult, E, and Defendant B.).

E Without a driver's license on February 2, 2019, Defendant B was on board the instant vehicle without a driver's license and was driving the instant vehicle while driving the instant vehicle.

On February 3, 2019, the Plaintiff drafted a “written non-acceptance of agreement” with the purport that “The costs incurred in relation to the instant vehicle due to the foregoing accident shall be paid to the JJ of H EF store operators and the J shall be fully responsible for the said costs to H.

On February 19, 2019, J filed a lawsuit against the Plaintiff seeking damages equivalent to KRW 20,300,000, such as repair costs and depreciation costs of the instant vehicle, and temporary rents (Seoul District Court Decision 2019Da1224), and on March 16, 2019, the Plaintiff and J drafted an agreement with the Plaintiff that “the Plaintiff shall pay the J 15,000,000,000 to J as agreed deposit and the J shall withdraw the said lawsuit.”

In addition, from March 22, 2019 to March 23, 2019, the Plaintiff paid a total of KRW 15,000,000 to J, and the J withdrawn the said lawsuit on March 29, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 9, purport of the whole pleadings

2. Determination on the cause of the claim

A. The following circumstances acknowledged by the above fact of recognition, the Plaintiff leased the instant vehicle with knowledge that E and Defendant B are minors, and let E drive the instant vehicle in a non-licenseed condition, and Defendant B share the same, E is a minor, and the Defendant B is a minor and E as a minor.

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