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(영문) 울산지방법원 2015.08.21 2015가단51745
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance company that entered into an automobile insurance contract (hereinafter “instant insurance contract”) with C with respect to Dunst Motor Vehicle (hereinafter “Plaintiff-motor vehicle”).

B. At around 12:30 on January 27, 2013, Defendant A driven an Ortoba, which was not insured, without a driver’s license, with the front part of the Plaintiff’s vehicle, which was in a straight line with the normal signal from the direction of the Kimhae-si Oil High School among the straight lines to the luxane hot spring from the luxa, the upper part of which was the front part of the Plaintiff’s vehicle.

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

Due to the accident in this case, E (F) a student of C, who was accompanied by the Plaintiff’s vehicle, suffered injuries, such as guard flaverization of the left-hand flaver, the left-hand flaver, and the left-hand flaver.

In relation to the instant accident, Defendant A was subject to juvenile protective disposition due to the violation of the Changwon District Court 2013Ma528 Act on Special Cases Concerning the Settlement of Traffic Accidents.

E. On July 2, 2013, when the above juvenile protection judgment of Defendant A was pending, the person with parental authority G, the legal representative of Defendant A, drafted a written agreement with the Defendant that “I will no longer raise any objection and criminal charges in connection with the above case, and will no longer want any further punishment against A” (hereinafter referred to as the “instant agreement”).

F. The Plaintiff paid KRW 300,779 from January 14, 2015 to February 25, 2015 with the amount of KRW 19 million as agreed upon to E on February 13, 2015.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 5, 6, Eul evidence 1, the purport of whole pleadings]

2. The plaintiff's assertion and its determination

A. The Plaintiff’s assertion that Defendant A had inflicted an injury on E by negligence while driving Otoba without a driver’s license, which is a legal representative responsible for supervising Defendant A and Defendant A who is a minor.

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