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(영문) 수원지방법원 2015.12.17 2015나23366
구상금
Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The Defendants are jointly and severally.

Reasons

1. Facts of recognition;

A. The Plaintiff concluded a comprehensive automobile insurance contract with C on October 29, 2013 to October 29, 2014 with respect to D&5 vehicles owned by C (hereinafter “Plaintiff”) with the insurance period.

B. On May 5, 2014, at around 01:38, Defendant B, while driving a bus stop in the direction of 0.117% 0.17% of the blood alcohol concentration on the part of the Defendant’s side, driven a one-lane road in front of the bus stops in the bus stops in the 1st century, which is located in the direction of 0.117%, and driving a e-line vehicle owned by the Defendant A (hereinafter “Defendant”) on the front side of the e-line (hereinafter “Defendant’s side”) and driving the road into the front side of the Defendant’s front part of the vehicle, left the site without taking any measures after shocking the road. Then, C, while driving the said road on the part of the Plaintiff’s side while driving the said vehicle and driving the said road, followed the victim who was used on the road as the foregoing preceding accident by violating the signal.

(hereinafter referred to as the “instant accident” in combination with the foregoing accidents.

As a result of the instant accident, the victim suffered from injury, such as climatic climatic surgery, which requires approximately 12 weeks of medical treatment, and the Plaintiff paid the victim a total of KRW 391,797,550 as medical expenses and damages until July 24, 2015.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. Determination

A. According to the above facts, C is jointly liable for damages to the victim caused by the instant accident as the owner of the Plaintiff’s vehicle and the driver of the Defendant’s vehicle, and Defendant B is jointly liable for damages to the victim due to the instant accident as joint tortfeasor, and Defendant A constitutes the owner of the Defendant’s vehicle, who is the owner of the Defendant’s vehicle and operates the vehicle for himself under Article 3 of the Guarantee of Automobile Accident Compensation Act, and thus, the accident of this case occurred jointly with Defendant B, which is the driver of the Defendant’s vehicle.

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