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(영문) 서울중앙지방법원 2019.11.29 2017가단53782
손해배상(자)청구의 소
Text

1. The Defendants jointly share KRW 4,906,50 with respect to the Plaintiff and the period from July 8, 2016 to November 29, 2019.

Reasons

1. Basic facts

A. On July 8, 2016, at around 10:19, Defendant C driven a DNA learning car owned by Defendant B (hereinafter “Defendant vehicle”) and caused the Plaintiff to shock the part of the front wheeler of the direction of the operation, which was driven by the Defendant’s vehicle, while driving the road of approximately KRW 500-2/482/4/50 of the front line of the Jin-gun, Gangwon-do, Gangwon-do, Gangwon-do, the Jin-do, Gangwon-do, the Jin-do, Jin-do, Gangwon-do, the 584-2/582/h of the front line.

(hereinafter “instant accident”). As a result, the Plaintiff suffered from the injury of salt, etc. in the Gyeong-guin Gyeong-gu.

B. Defendant C is the driver of the Defendant vehicle, and Defendant B is the owner of the Defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 13, Eul evidence 3, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above recognition of liability, the defendants jointly as joint operators of defendant vehicle and are liable for damages under Article 3 of the Guarantee of Automobile Accident Compensation Act to the plaintiff.

B. The Defendants asserted the exemption of the Defendants’ assertion. The Defendants asserted to the effect that the Plaintiff’s vehicle is exempted from the Defendant’s exemption on the grounds that the Plaintiff’s vehicle was driving across the median line in the opposite direction, and the Plaintiff’s vehicle returned hand to the right right side immediately before the instant accident, and attempted to re-enter the Defendant’s vehicle. The Defendant’s vehicle did not invaded the central line.

According to Article 3 of the Guarantee of Automobile Accident Compensation Act, a person who operates an automobile on his/her own behalf is liable to compensate for damages in cases where he/she has killed or injured another person due to the operation of the automobile, and he/she is not negligent in paying due attention to the operation of the automobile, and the victim is a victim.

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