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(영문) 서울중앙지방법원 2015.08.20 2015나2071
구상금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant Republic of Korea is a person responsible for managing a juvenile subject to a decision of long-term probation under Article 32(1)4 of the Juvenile Act, and the Defendant Social Welfare Foundation A (hereinafter “Defendant A”) is a child protection treatment facility under the Child Welfare Act.

B. As of December 12, 201, Co-Defendant B (P) of the first instance court was a high school student at the first instance court as of December 12, 201, and was decided by the Incheon District Court to entrust care and custody to a guardian, attend order, and probation officer with short-term probation disposition under Article 32(1)1, 2, and 4 of the Juvenile Act. On April 16, 2012, the above court obtained a decision on the change from the above court as to the long-term probation of probation officer under Article 32(1)5 and 6 of the Juvenile Act, Defendant A, who is a child welfare facility under the Child Welfare Act, as a result of the act of special larceny, injury, etc., and was admitted to Defendant A on the same day.

C. Around 16:30 on April 19, 2012, at around 16:30, Defendant A discovered that Defendant A’s protection net was damaged, and thereafter, Defendant A was driving the Plaintiff’s vehicle by cutting it without permission at around 19:50 on the same day, and shocking the driver’s seat of the F vehicle stopping at the Sungnam-dong E-dong, Daejeon-dong, Sungnam-dong, Daejeon, and then parked the Plaintiff’s vehicle on the bus platform of the Sungnam-dong, Daejeon-dong, Daejeon, and caused the Plaintiff’s accident (hereinafter “instant accident”).

By December 18, 2012, the Plaintiff paid KRW 46,141,270 in total, including KRW 1,000,00 as repair cost of the Plaintiff’s vehicle, and KRW 46,141,270 in terms of agreement and treatment expenses to the victim G and seven other persons.

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