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(영문) 서울중앙지방법원 2017.09.29 2014가단5347887
손해배상(자)
Text

1. The defendant,

A. Plaintiff A: 368,931,454 won; 3,000,000 won for Plaintiff B; and 1,000,000 won for Plaintiff C and D; and

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) E around 10:30 on June 10, 2012, 2012, E is FYFna Passenger Vehicles (SYAPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP

2) On the 1100-road fish screen, the driver drivened 1100-road 1.00-road 1.0-way 1.0-way 1.0-way 1.0-way 1.0% of the 1.0-way 1.0% of the 1.0-way 1.0% of the 1.0-way 1.0% of the 1.0-way 1.

(2) On June 8, 2012, E entered into a lease agreement with the Defendant Company E.

On the other hand, the plaintiffB's spouse, the plaintiffC, and D are children of the plaintiffA, and the defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap 1-4, 7-9 evidence, Eul 1, 2, 5 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs due to the accident of this case as an insurer of defendant vehicle.

C. According to the evidence as seen earlier 1, the passengers of the Defendant’s vehicle, including E and the Plaintiff A, who were the drivers of the Defendant vehicle, were the members of the Korea-do Association with knowledge about about 14 years prior to the accident. E, along with the above members of the Korea-Japan Association, caused the instant accident during the two-day Jeju-do tour. The Defendant’s siren cost also collected membership fees from the above members of the Korea-Japan Association, and jointly borne by them. In light of all the circumstances revealed in the instant arguments, such as the purpose of operation of the Defendant vehicle, the relationship between the passengers and the driver, the personal relationship with the Defendant, and the background of the Plaintiff’s being accompanied by the Defendant’s vehicle, etc., the Defendant’s reduction of liability is a good faith or the principle of equity.

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