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(영문) 창원지방법원진주지원 2016.07.08 2014가단32898
손해배상(자)
Text

1. The Defendants jointly share KRW 97,11,377 to Plaintiff A, and KRW 2,00,000 to Plaintiff B, as well as each of the said money.

Reasons

1. Facts of recognition;

A. The status of the parties 1) Defendant D is the E-car vehicle (hereinafter “instant accident vehicle”).

(2) The Plaintiff is a driver who has driven and caused a traffic accident, and Defendant C, the father of Defendant D, is the owner of the instant accident vehicle. (2) The Plaintiff is a person injured by the accident of the instant accident vehicle, and the Plaintiff B is the father of the Plaintiff.

B. At around 03:30 on June 25, 2013, Defendant D, while driving the instant vehicle under the influence of alcohol by 0.177% without a driver’s license, was proceeding to the left side of the advanced community center located in the city of Sacheon-si, in one way among the two-lanes of the road at the port of Sacheon-si, in an advanced park, into the village village protection area at the port of the advanced park. On the other hand, Defendant D, by negligence, without checking the state of the road of the instant vehicle, was shocking the plastic protection wall installed on the said road (hereinafter “instant accident”), and caused injury to Plaintiff A, who was seated at the rear seat of the driver’s seat of the instant vehicle of the instant accident, due to negligence without checking the state of the road of the instant vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 2-2-1, 4-1, 2, 5, 6-6, 10-1 through 4, 11-1 through 7, and the purport of the whole pleadings

2. Establishment of liability for damages;

A. According to Article 3 of the Guarantee of Automobile Accident Compensation Act, a person who operates an automobile on his/her own behalf shall be liable to compensate for the damage in cases where the passenger gets injured by his/her operation, except in cases where the passenger is injured by intention or suicide.

According to the above facts, unless the accident of this case was caused by Plaintiff A’s intentional act or suicide, the Defendants, the driver or operator of the vehicle involved in this case, jointly, are the Plaintiff, A, and the Defendants, the passengers of this case, who were injured by the accident of this case.

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