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(영문) 의정부지방법원 2018.12.12 2018가단106708
손해배상(기)
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the owner of ECA110 Oba (hereinafter “the instant Obaba”), who runs the “F” store, and G is the employee who used the instant Obaba and performed delivery services.

B. On October 26, 2017, H driven the instant Otoba, around 04:57, caused an accident that collisions between the center separation zone in the direction-based left-hand side in driving care due to driving negligence (hereinafter “instant accident”), while driving the instant Otoba in Yangju-si and driving the two-lanes of the 1456-lanes around the Suju-si Park at the same time along the one-lanes of the government from the Dongbcheon-do, the two-lanes caused an accident that conflict with the center separation zone in the direction-based left-hand side of driving care (hereinafter “the instant accident”), and due to the said accident, the deceased I (hereinafter “the deceased”).

C. The Plaintiffs are parents and descendants of the deceased.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 3 evidence (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The defendant claiming the plaintiffs is the owner of Oral Ba in this case, who is responsible for compensating the deceased for all damages caused by the accident in the status of the operator under Article 3 of the Guarantee of Automobile Accident Compensation Act. Thus, the plaintiff Eul, the inheritor of the deceased, is liable for compensating for all damages caused by the accident in this case. Thus, 152,784,764 won [152,784,764 won [152,784,764 won [265,569,528 won [365,569,529 won [365,569,529 won per share of the deceased's lost income of the deceased] 80,000- liability insurance amount of 180,000 won x 180,000,000 won] / 20,000 won for funeral expenses of the plaintiff Gap, 300,500 won and damages for delay in delay].

B. In light of the circumstances surrounding the Defendant’s assertion H’s driving of the instant Otoba, the Defendant, at the time of the instant accident, completely lost its control and operational profit on the Otoba at the time of the instant accident. Even if not, the deceased’s negligence should be considered as the amount of damages.

3...

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