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(영문) 서울고등법원 2013.12.13 2012나87715
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the Defendants of Plaintiff A in the judgment is modified as follows.

The Defendants respectively.

Reasons

1. Facts of recognition;

A. On July 30, 2010, Plaintiff A was a student who was in the third grade of middle school, and Plaintiff C was the father of Plaintiff A, Plaintiff D’s mother, Plaintiff E’s mother, and Plaintiff B’s family relationship.

B. From June 15, 2010 to July 30, 2010, Defendant F purchased four wheeledles for leisure (applicable to two-wheeled automobiles, one of which is one of the two vehicles under the Act on the Safety and Management of Motor Vehicles) for ten leisure activities using the trade name “I” at the H beach located in Haan-gun G in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, west-gun, and then engaged in Bak lending business against tourists at the bathing beach.

Defendant F did not report to the head of Taean Gun following the purchase of the above Bak, and the two-wheel automobile number plate was not attached to the Bak.

In addition, we did not examine whether the structure and devices of Bak meet the performance and standards necessary for safe operation, and whether the parts of Bak, such as Bracks, meet the performance and standards necessary for safe operation.

C. On July 30, 2010, Plaintiff A lent 4 wheeledle 1 for leisure use from Defendant F (hereinafter “the instant Bake”) to Defendant F at the H bathing beach, and operated without a driver’s license in the state of her friendly-gu, one by which the identity cannot be identified, Plaintiff A, who was running without a driver’s license, was driving in front of the J Training Center G G in Tae-gun, Chungcheongnam-gun (a part of the route of “the private dry field,” which is the “Do” under the Act on the Maintenance and Improvement of Road in Agricultural and Fishing Villages; hereinafter “the instant road”).

이 사건 도로는 중앙선이 설치되지 않은 폭이 좁은 도로로서 진행방향으로 경사가 급하고 우로 휜 내리막길을 이루고 있었고, 그 앞에는 해안선과 수평을 이루는 도로와 수직으로 연결되는 “T"자형 3거리 교차로가 있었으며, 도로의 끝 부분과 해수욕장의 경계에는 피고 태안군이 설치관리하는 방호울타리 이하...

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