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1. The Defendant’s KRW 50,896,718 as well as the Plaintiff’s annual rate of 5% from July 17, 2016 to October 25, 2018.
Reasons
1. Facts of recognition;
A. The Defendant is a company that operates a golf club in the elderly master-law agreement (hereinafter “instant golf club”) and its ancillary facilities located in the 380-day, a pair of old-gu, Gyeongbuk-do (hereinafter “instant golf club”).
B. On July 17, 2016, while the Plaintiff gets on and moved a golf set owned by the Defendant’s Gyeonggi Assistant B, the Plaintiff suffered an accident that the said car set off on the down side of the said car set (hereinafter “instant accident”) due to the barc breakdown of the said car set at the instant golf course (hereinafter “instant accident”), resulting in an accident that the said car set off on the left upper part of the lower part of the said car set aside, the left part-hand wing-up wing-up stand, the left part-hand hand’s chest.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, 12 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 through 5, the purport of the whole pleadings
2. Occurrence of liability for damages;
A. Article 3 of the Guarantee of Automobile Accident Compensation Act provides that a person who operates a motor vehicle for his/her own sake shall be liable to compensate for damage caused by the death or injury of another person caused by the operation of the motor vehicle, while Article 3 of the same Act provides that a person who is engaged in the operation of the motor vehicle for his/her own sake shall not be liable only when the death or injury was caused by the death or injury of the passenger caused by his/her intentional act or suicide. In cases where the passenger was killed or injured due to an automobile accident, the operator shall be liable to compensate for the damage caused by the death or injury of the passenger without the existence of negligence in the operation, unless the person asserts and proves that the death or injury of the passenger was caused by his/her intentional act or suicide (see, e.g., Supreme Court Decision 2006Da18303, Feb. 28, 2008). According to the above recognition, the defendant shall be liable for the damage inflicted by the plaintiff due to the instant accident
B. The comparative negligence in the limited tort is set-off.