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(영문) 대구지방법원 2016.12.13 2015가단44431
손해배상(산)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On July 12, 2014, Plaintiff A suffered an injury, such as a routture pulverization of a sloping route, etc., by the Plaintiff A, who was at a different place from the route in which the route of the route would have come from the route of the route in which the route would have come from the route of the route of the route.

(hereinafter “instant accident”). (b)

Plaintiff

B and C are children of Plaintiff A.

C. The owner of the vehicle for possession is the defendant.

[Ground for Recognition: Facts without dispute, Gap's statements, Gap's evidence 1, 2, 4, 5, 6, 8, Eul's evidence 1 through 4, and the purport of whole pleadings]

2. The part concerning the claim for damages due to default or tort

A. The alleged plaintiffs asserted that the defendant was a person who employed the plaintiff A at the time of the accident in this case and did not take proper safety measures at the time of the accident, and that the plaintiff A was in a situation where the plaintiff A was engaged in work at the time of the accident in this case, resulting in a situation where the plaintiff A was cut off from the next, and thus, the plaintiffs are liable to compensate the damages suffered by the plaintiffs.

B. However, there is no evidence to acknowledge that the Defendant is a person who employs the Plaintiff A (the Plaintiff was a person who employs the Plaintiff, but the Defendant was the first person at the court on the day, so it can be known that the Defendant is not only the person who employs the Plaintiff but also the person who drives the said vehicle). As seen in the above facts of recognition, it can be known that the person who drives the instant vehicle is Nonparty F. Thus, this part of the claim based on the Defendant’s nonperformance of obligation or tort is without merit.

3. Part concerning the responsibility of the operator under the Guarantee of Automobile Accident Compensation Act

A. The claimed Plaintiffs are the owners of the instant vehicles that the Defendant had at the time of the instant accident.

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