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1. The Plaintiff, Defendant B, and Defendant C, jointly with Defendant B, share the amount of KRW 12,210,00,000 and each of the said amounts.
Reasons
Basic Facts
A. On April 3, 2018, the Plaintiff, who is engaged in the transportation business with E vehicles (3.2 tons of freezing, hereinafter “Plaintiff vehicles”) located in the name of D Co., Ltd. (hereinafter “D”), caused an accident that conflict between FCos or a car (hereinafter “the instant accident”) driven by Defendant B with the center line in the state of alcohol alcohol level of 0.067% while Defendant B delivered the goods to the Plaintiff vehicle at around 05:00.
B. Defendant vehicle is Defendant C’s mother, the mother of Defendant B.
C. The Plaintiff was convicted of a fine of KRW 4 million due to the instant accident, which was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).
(See Supreme Court Decision 2018Gohap940 Decided October 26, 2018). D.
The Plaintiff’s vehicle destroyed by the instant accident was repaired for three weeks, and delivered to the Plaintiff on June 28, 2018, and the Defendants paid KRW 20,612,937 at the repair cost for the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers for those with branch numbers; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings
2. Determination
A. Defendant B is liable for damages. Defendant B is liable for tort under Article 750 of the Civil Act or the Guarantee of Automobile Accident Compensation Act (hereinafter “Voluntary Act”).
(2) Defendant C, as the owner of the instant vehicle, is liable to compensate the Plaintiff for the damages incurred to the Plaintiff due to the instant accident. Defendant C, as the owner of the instant vehicle, is liable to compensate the Plaintiff for the damages incurred to the Plaintiff due to the instant accident, pursuant to Article 3 of the Act.
The Plaintiff may cause physical damage to Defendant C.