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(영문) 창원지방법원 2013.02.20 2011가단30515
손해배상(자)
Text

1. The Defendants: (a) each of the Plaintiffs A, KRW 77,108,538; and (b) KRW 3,695,952; and (c) each of the said money, on January 2, 2011.

Reasons

1. On January 1, 201, at around 23:50, Defendant D, while driving a freight vehicle under the influence of alcohol of 0.075% (hereinafter “Defendant vehicle”) on the one-lane road in front of the front line in the deliberation of the Young-gun, Kim Young-gun, the front line of the Defendant vehicle, which was driven by the central line in front of the Defendant vehicle, while driving a freight vehicle under the influence of alcohol concentration of 0.075% on the one-lane road without a vehicle driver’s license, and driving it into the front line of the Defendant vehicle in front of the direction of the vehicle (hereinafter “Plaintiff vehicle”), he was able to take the front part of the Plaintiff B’s Fone Star FFF vehicle (hereinafter “Plaintiff vehicle”), and suffered from the Plaintiff A, who was on the front line of the Plaintiff’s vehicle, the 5-6 Gyeong-6 luck escape test.

(hereinafter “instant accident”). Defendant C is the owner of Defendant vehicle, and Defendant C is an insurance company that entered into a comprehensive automobile insurance contract with Defendant C regarding Defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, 10 evidence, Eul evidence 1 (including branch numbers), Eul evidence 1

2. Occurrence of liability for damages;

A. According to the above facts, the defendants are liable to compensate each of the plaintiffs for damages caused by the accident of this case.

B. The Defendants asserted exemption from liability due to the conclusion of the comprehensive automobile insurance contract by the Defendants, as to the Defendant’s vehicle, are concluded with the Defendant’s Intervenor and the Defendant’s Intervenor who is the insurer, and the Plaintiffs can directly claim compensation for damages against the Defendant’s Intervenor who is the insurer. However, the Plaintiffs’ right to claim compensation against the Defendants due to the instant accident is arising under Article 750 of the Civil Act and Article 3 of the Guarantee of Automobile Accident Compensation Act, and is thus recognized under Article 724 of the Commercial Act.

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