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(영문) 춘천지방법원강릉지원 2016.06.14 2014가단204129
손해배상(자)
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1.The following facts of the occurrence of a traffic accident shall be free to dispute between the parties:

Around 04:00 on April 1, 2012, Non-Party D driven a Franchisa car owned by E (hereinafter “instant vehicle”) and proceeded with an implied middle school located in the east-dong in the east-do in the East Sea with an implied bank from the network side to the implied bank, and received street lamps due to negligence, which failed to properly operate the steering gear, and caused the Plaintiff A to suffer injury, such as lever catus, which requires six weeks of medical treatment.

(hereinafter “instant accident”). B.

Plaintiff

B is the father of the plaintiff A, and the plaintiff C is the mother of the plaintiff, and the defendant is an insurance company that has entered into a comprehensive automobile insurance contract with the defendant concerning the above vehicle.

2. Determination

A. The gist of the party’s assertion is the cause of the claim in this case that the plaintiffs sought damages against the defendant, who is the insurer of the vehicle in this case, the defendant alleged that non-party D stolened the vehicle in this case and lost the status of the operator of the vehicle in this case, and therefore, the non-party E lost its status as the operator of the vehicle in this case.

B. Determination No. 1-27 and 36 comprehensively based on each of the following circumstances, namely, that: (a) G husband and wife, who is E, has been entrusted with the use and management of the instant vehicle; (b) G husband and wife operated the instant vehicle at ordinary times; and (c) at around March 31, 2012, before the instant accident occurred, D, around March 23:30, 2012, when G husband and wife left the instant vehicle in order to collect money from the difference in which G husband and wife is seated, D used the said key and driven the instant vehicle without permission, while having driven the instant vehicle parked in the parking lot. However, D was a child of G, but it is not deemed that there was no driver’s license; and (d) it does not appear that G husband and wife left the instant vehicle to D.

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