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(영문) 창원지방법원 2016.08.24 2015나36710
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid below is revoked.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that is engaged in the business of transporting passengers and the business of arranging domestic travel, etc., and is the owner of the tourist bus B (hereinafter “victim”), and the Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation that carries on non-life insurance business, such as sea, fire, and automobiles, and is an insurer that has entered into an automobile insurance contract for the Cump truck owned by Nonparty G (hereinafter “instant dump truck”), and the Defendant A is the driver of the instant dump truck.

B. On July 20, 2014, Defendant A: (a) caused the instant damaged vehicle by negligence driving the central line while driving the instant Maritime Vehicle at the Cheongyang-gun’s Cheongyang-gun, Cheongyang-do, by shocking the Cheongyang-si.

(hereinafter referred to as “instant accident”). C.

The Defendant Company spent 80,105,640 won in total as damages related to the instant accident.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 2 and 3(including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant accident occurred due to Defendant A’s negligence in driving the instant sea vehicle upon the center line. Thus, the Defendant A, the driver of the instant sea vehicle, and the Defendant A, the insurance company of the instant sea vehicle, are jointly and severally liable to compensate the Plaintiff for the damages incurred by the instant accident pursuant to Article 10(1) of the Guarantee of Automobile Accident Compensation Act and Article 724(2) of the Commercial Act.

B. According to each of the statements in the evidence Nos. 5 and 11 on the date of the accident, the Plaintiff can recognize the fact that the Plaintiff borrowed one chartered bus from Samsung Tourism Co., Ltd. and paid rent of KRW 800,000 for the passengers on board the instant damaged vehicle on the day of the accident to return home.

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