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(영문) 서울중앙지방법원 2015.06.12 2013가단82430
손해배상(자)
Text

1. The Defendant: (a) KRW 3,00,000 for each of the KRW 182,014,151 for Plaintiff A, Plaintiff B, and Plaintiff C, and its related thereto on October 2, 2011.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) D driving a vehicle at around 02:50 on October 2, 201, and driving the vehicle (hereinafter “Defendant vehicle”) and driving the vehicle into Gwangju at the entrance of the Posular road in the south-gu, Gwangju, along with one lane, led to a mistake of promptly manipulating handbs on the right side in the Mabro road section, and thereby, the Plaintiff A, who was on board the lower lower part of the said vehicle, was injured by two alleys, etc.

(2) The Plaintiff B and C are parents of the foregoing A, and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground for Recognition: Unsatisfy, Gap evidence 1, 2, and 5 (including branch numbers if there are virtual numbers; hereinafter the same shall apply)

(ii) Eul evidence of Nos. 1, 2, 3 and 4, and the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs due to the accident of this case.

C. According to the above evidence, the owner of the Defendant’s vehicle A’s seated with the Plaintiff Company F. G (194 Plaintiff’s children) was driving without permission from the parent, and thereafter driving the said vehicle without permission. Since then, D (193) was a driver at the time of the accident, D’s driver was driving the vehicle, but D had a driver’s license at the time of the accident, but at the time of the accident, it was impossible to obtain a license at the time of the accident at July 201, and more than two months after the date of acquisition. At the time of the accident, the Plaintiff’s failure to wear the safety belt is each recognized.

In full view of these points, the plaintiff A should not have been accompanied by the first driver without a driver's license, and thereafter he should have urged the driver with no driver's license to engage in safe driving individually.

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