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(영문) 창원지방법원마산지원 2015.04.29 2013가단8086
손해배상(자)
Text

1. The defendant's 3,969,645 won for plaintiffs A and B, 8,867,191 won for plaintiffs C, and 2,78,468 won for plaintiffs D and each of the above money.

Reasons

1. Basic facts

A. On October 12, 2012, around 13:06, an accident occurred (hereinafter “instant accident”) involving: (a) the two-lanes of the two-lanes in front of the common leaf tobacco drying house in Yongyang-gun, Youngyang-gun, Chungcheongnamyang-gun, Yangyang-gun, in order to conceal the F car (hereinafter “instant vehicle”) driven ahead of the said vehicle (hereinafter “instant vehicle”).

B. At the time of the instant accident, Plaintiff A driven the instant passenger car. Plaintiff B was on the top of the steering line of the instant passenger car, Plaintiff C, and D, respectively, and were on the back seat of each of the instant passenger car. However, Plaintiff A and B suffered from the injury, such as salt pane, etc. in need of treatment for 3 weeks due to the instant accident, and was hospitalized for 13 days, and Plaintiff C suffered from the injury, such as brain dyslaf, and was hospitalized for 21 days for 21 days. Plaintiff D was hospitalized for 36 days due to the injury, including the cryfus at the 3rds of the instant passenger car.

C. Plaintiff A and B are married, and Plaintiff C were two years of age as their children at the time of the accident. Plaintiff D is the mother of Plaintiff B, and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with respect to the instant cargo vehicle.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above basic facts based on the responsibility, the Defendant, a mutual aid business entity that entered into a mutual aid agreement for the instant cargo vehicle, is liable for the damages suffered by the Plaintiffs due to the instant accident that occurred during the operation of the instant cargo vehicle.

B. The limitation of liability: (a) according to the description of Eul evidence 2 and the results of the physical examination commission as of July 26, 2013 and the purport of the entire pleadings on the director of the Incheon University Hospital Hospital of this Court, the Plaintiff C, who is merely two years of age at the time of the accident, was on board the back of the instant car and did not sell the safety labelling of the car for infants while carrying the car at the back of the instant car.

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