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(영문) 청주지방법원 2015.05.14 2013가합25689
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with Taeyang Tourism Co., Ltd. (hereinafter “Mayang Tourism”) with respect to the instant motor vehicle for passenger cars (hereinafter “instant motor vehicle”). D is a driver of the instant motor vehicle; Defendant A is an operator of the instant motor vehicle; Defendant A is a teacher of the instant child care center (hereinafter “instant child care center”); Defendant B is a teacher of the instant child care center, who is in charge of leading the students attending the said child care center with the instant motor vehicle.

B. At around 09:10 on March 26, 2013, D, while driving the instant vehicle on the road in front of the instant childcare center, caused the accident that, as a person engaged in driving the instant child care center bus, it was confirmed that the originals of the vehicle before starting the vehicle had a duty of care to safely transfer the vehicle to their guardians such as infant care teachers, etc., and did not neglect the accident, and did not go through the front bank properly without checking whether the originals of the vehicle were handed over, and instead, caused the accident that caused the death of the originals of the vehicle as the front part of the said passenger vehicle by driving the instant vehicle on the front side of the instant childcare center (hereinafter “the accident in this case”).

C. On May 24, 2013, the Plaintiff paid KRW 250,000,00 to G and H, a parent of F, in accordance with the instant mutual aid agreement.

Members entitled to claim compensation to the Plaintiff stipulated in the terms and conditions of mutual aid applicable to the instant mutual aid agreement (hereinafter “instant mutual aid agreement”) are as follows:

(1) Members listed in the mutual aid agreement (referred to in this agreement as “pre-member”). (2) The non-member shall be the same as the non-member.

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