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(영문) 서울중앙지방법원 2018.10.19 2017가단5186366
손해배상(자)
Text

1. Defendant D and E are jointly and severally with Defendant D and E, and Defendant C Co., Ltd. are jointly and severally with each of the Plaintiffs.

Reasons

1. Basic facts

A. On June 10, 2017, at around 02:05, Defendant D driven a FMW X3 car owned by the Defendant, the father of the above Defendant, (hereinafter “Defendant D”) and driven a boardway, which is located in the area of the sloping-gu, sloping-gu, Sungnam-si, Sungnam-si, toward the center distance from the sloping-do, and turned down the back portion of HB500 X-22, a G driving stopped from the front line to the traffic signal at the intersection where the signal, etc. is installed.

(hereinafter “instant accident”). B.

Due to the instant accident, G died due to the severe damage to the depression, etc.

(hereinafter referred to as “the deceased”). (c) G

Plaintiff

A is the father of the deceased, and the mother of the deceased.

Defendant E entered into a comprehensive automobile insurance contract with Defendant C Co., Ltd. (hereinafter “Defendant C”) to apply the “Special Terms and Conditions for Limited Driving to One Master Insured” (hereinafter “Special Terms and Conditions for Limited Driving”).

The instant limited driving agreement provides that the insurance money shall not be paid for an insured accident that occurs while a person other than the named insured was driving (the instant limited driving agreement shall not apply to personal compensation I), and that the insurance money shall be paid for the damage of personal compensation II as stipulated in the ordinary terms and conditions due to an accident of the insured motor vehicle that occurred from the time the insured was stolen until the time the insured was discovered.

【Ground of recognition】 The fact that there has been no dispute, entries and videos of Gap's Nos. 1, 2, 3, 8, and 9 (including all evidence attached with a serial number) and the purport of the whole pleadings

2. Determination as to the occurrence of liability for damages

A. According to the determination of Defendant E and D’s liability for damages, Defendant D and Defendant who driven the Defendant’s vehicle as the deceased died due to the operation of the Defendant vehicle.

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