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(영문) 서울중앙지방법원 2017.04.14 2016가단5010172
손해배상(자)
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. Occurrence of liability for damages;

A. Facts of recognition 1) Defendant B Co., Ltd. (hereinafter “Defendant B”).

C) On January 24, 2014, around 20:30 on January 24, 2014, 2014, C, a parking personnel of which he/she belongs, is D&W owned by Non-Party D&W Co., Ltd. (hereinafter “Defendant vehicle”).

2) The Plaintiff was faced with the Plaintiff who was walking behind the Defendant’s vehicle while parked, and the Plaintiff sustained injuries, such as the left-hand leg and sprinked salt, sponed salt, sponed salt, sponed salt, sponed salt, sponed spon, etc. (hereinafter “instant accident”).

2) At the time of the instant accident, the Plaintiff had visited Defendant B’s restaurant, and the Defendant interesting State Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant interesting State Fire”) concluded a business liability insurance contract with Defendant B to secure liability for damages arising in relation to the business of Defendant B.

[Ground of recognition] Facts without dispute, Gap 1-4, 24, 25 evidence, Eul 2-4, and 13 evidence (including each number; hereinafter the same shall apply)

B. According to the evidence duly admitted prior to the recognition of liability, the instant accident occurred while the Defendant B, who was employed by the Defendant B and operated the restaurant, was parked in the Defendant’s vehicle, which was a customer’s vehicle employed by the restaurant, and accordingly, the Defendant B had a driving profit and a driving control over the Defendant’s vehicle at the time of the instant accident.

As such, Defendant B is the operator of the Defendant vehicle under Article 3 of the Guarantee of Automobile Accident Compensation Act, and the Defendant interesting fire is the business operator of Defendant B’s business liability insurance, barring any special circumstance, the Defendants are jointly liable to compensate for the damages suffered by the Plaintiff.

C. The following circumstances acknowledged by the evidence revealed earlier prior to limitation of liability, namely, the instant accident site was a road near a restaurant where vehicle traffic is frequent, and thus walking along that place.

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