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(영문) 광주고등법원 2019.05.31 2018나22526
손해배상(기)
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. The Defendant is a company running H located in the Gowon-gun G in the Jeonbuk-gun (hereinafter “instant golf course”), and I was working as a sports assistant in the instant golf course.

Plaintiff

B is the spouse of Plaintiff A, and Plaintiff C, D, and E are the children of Plaintiff A.

나. 원고 A는 2015. 8. 6. 이 사건 골프장에서 J, K, L과 함께 골프를 치던 중 I가 운전하는 전동카트(이하 ‘이 사건 카트’라고 한다)의 뒷좌석에 탑승하여 바다코스 2번홀 티샷 지점에서 세컨샷 지점으로 이동하다가 이 사건 카트에서 추락하였다

(hereinafter “instant accident”). C.

Plaintiff

A was injured by the instant accident, “total damage, etc. to trees”, and was performed at the Jeonnam University Hospital No. 2 and 3 times in the Gyeongnam University Hospital on the day of the instant accident, and was hospitalized and recovered at the Ma Hospital, O hospital, etc., but was hospitalized and recovered, but is currently in the state of malab (permanent disability of flab and spine damage).

Plaintiff

A received KRW 50,00,000 from P Co., Ltd. for insurance proceeds of the instant accident, around July 6, 2016.

[Ground of recognition] Uncontentious facts, Gap evidence 1, 2, 6, 10 evidence, Eul evidence 1 through 5 (including each number; hereinafter the same shall apply), witness of the first instance court, J, K, Q, I's testimony, part of the testimony of the first instance court, the result of the commission of physical examination to the Director of the R Hospital of the first instance court, the purport of the whole pleadings.

2. Occurrence of and limitation on liability for damages;

A. 1) The plaintiffs' assertion 1) The defendant is a person running the car of this case on his own behalf and is a person operating the car of this case on his own behalf, and the Automobile Accident Compensation Guarantee Act (hereinafter "Automobile Accident Compensation Act").

Pursuant to Article 3, the plaintiffs are responsible for compensating for damages caused by the accident of this case.

Preliminaryly, the Defendant, as the employer of I, shall compensate the Plaintiffs for the damages caused by the instant accident that occurred by the employee I due to the negligence in the operation of the instant carart.

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