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1. The Defendant: (a) against Plaintiff A, KRW 86,94,198; and (b) against Plaintiff B, KRW 83,494,198; and (c) with respect to each of the said amounts, April 23, 2012.
Reasons
1. Occurrence of liability for damages;
A. The grounds for the responsibility (1) was based on the negligence of excessively manipulating the hand on the left hand to the right, while driving a dynsan (NISN) HH-S1 car (hereinafter “accidentd vehicle”) between around 10:00 and around 11:0 (on April 23, 2012, Nonparty C, while driving a dynsan (NISN) HH-S1 car (hereinafter “accidentd vehicle”) and driving on the expressway south of Asurland, which is an expressway in the south of Asurland, at a speed of about 70-90 km in speed at the speed of about the speed of 70-90 km, due to the negligence of excessively manipulating the hand on the left hand in the process of cutting off the person from D, who was seated on the left hand, caused the accident vehicle to be cut down to the right, breaking the center on the road, and caused the death of Nonparty C to the same day on the same side.
(2) The Plaintiffs are parents of the deceased E (hereinafter “the deceased”).
(3) According to the above facts, the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the accident of this case as the driver of the accident vehicle.
B. As to the Defendant’s assertion of exemption, the Defendant asserts to the effect that the deceased and the Defendant jointly bear the expenses for the Amerd travel, set a vehicle, write the deceased and the Defendant as a driver in a siren contract, and the actual driving was the same as the deceased and the Defendant, so the deceased’s identity is denied, and thus, the Defendant is not liable to the Defendant.
The term "other person" under Article 3 of the Guarantee of Automobile Accident Compensation Act refers to a person who operates an automobile for his own sake and a person other than the driver of the relevant automobile. Thus, even if one of the multiple operators who exist in the same automobile damages the relevant automobile, the operator cannot claim that the other operator is another person as provided in Article 3 of the Act, in principle, even if he is damaged by the accident of the relevant automobile. However, the operator who has suffered the accident shall not claim that the other operator is the other person.