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(영문) 춘천지방법원강릉지원 2014.11.06 2013가합5124
손해배상(기)
Text

1. The defendant shall pay to the plaintiff A KRW 269,473,381, and KRW 3,00,000 to the plaintiff B, and KRW 1,00,000 to the plaintiff C, respectively.

Reasons

1. Basic facts

A. A around 14:00 on January 12, 2012, Plaintiff A, who caused cerebral blood, lost consciousness and transferred to E Hospital located in Gangnam-si.

At this point, the doctor in charge decided to transfer the plaintiff A to the original synasium synasium, and the plaintiff A transferred the plaintiff A from 17:20 to 18:59 on the same day to the original synasium hospital of the household household after being loaded in the first-aid vehicle belonging to the Gangwon Emergency Patients Transfer Center.

B. As between the time when the plaintiff A was taken away from the above ambulances, the right bridge of the plaintiff A continued to be exposed to the hot wind of the shoulder installed in the vehicle (hereinafter referred to as the "accident of this case"), and therefore, the plaintiff A suffered an injury, such as the completion and finishing of the right sewage, by suffering from a picture of three degrees on the lower part of the right bridge.

C. Plaintiff B’s spouse, Plaintiff C’s spouse, and Defendant is an insurer who entered into an insurance contract with the Gangwon Emergency Patients Transfer Team to compensate for damages incurred in relation to the operation of the ambulances.

[Ground of Recognition] Facts without dispute, Gap's statements and images, and the purport of the whole pleadings as to Gap's evidence of 1 to 5, 13 to 17

2. According to the main text of Article 3 and Article 2 subparagraph 2 of the Guarantee of Automobile Accident Compensation Act, a person who operates an automobile for his/her own sake is liable for damages when he/she dies or injures another person due to his/her operation, and "operation" refers to the use or management of the automobile according to the method of using or managing the automobile regardless of whether or not he/she carries people or things. Here, "use of the automobile in accordance with the method" refers to the use of various devices installed in the structure according to the purpose of the automobile according to the purpose of each device. Thus, even if the automobile is not in the state of driving, it refers to the use of various devices installed in the structure according to the purpose of the vehicle.

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