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(영문) 서울중앙지방법원 2020.12.10 2019가합558233
손해배상(자)
Text

1. Defendant C Co., Ltd.: (a) KRW 286,636,540 for Plaintiff A and KRW 281,425,980 for Plaintiff B and each of the said money.

Reasons

1. Basic facts

A. The Plaintiffs are parents of the network G (hereinafter “the deceased”).

Defendant C Co., Ltd. (hereinafter referred to as “Defendant C”) is an insurance company that entered into a comprehensive automobile insurance contract with H with respect to I ambot vehicles (hereinafter “instant Lbot”). Defendant D is the Director of the J Child Care Center (hereinafter “instant Child Care Center”), the Vice Director of the Child Care Center, and Defendant E are the Child Care Center.

B. At around 14:55 on April 14, 2016, K parked the automatic transmission machine of the instant sea vehicle on a slope adjacent to the instant child-care center, and parked in a state where it does not operate the edive radar.

As a result, the instant Maritime Vehicle was hicked to prepare for the integrated bus boarding in accordance with the Lane guidance for the staff in the front end of the instant childcare center in order to get off from the slope behind the slope.

(hereinafter “instant accident”). C.

Due to the instant accident, the deceased died on April 14, 2016, and died around 15:38.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 7, 8, Eul evidence 1 to 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. Defendant C is liable to compensate for the damages suffered by the deceased and the plaintiffs due to the instant accident in accordance with the comprehensive automobile insurance contract concluded with respect to the instant sea-care vehicle. (2) Defendant D is the head of the instant child-care center, who is the head of the instant child-care center, bears the duty of protection and supervision corresponding to the person with parental authority over the life and body of the child-care center students.

Nevertheless, Defendant D did not properly install safety devices, such as a rail or pole for school bus riding, and ② selected the path on which a vehicle with a high risk of an accident due to a vehicle boarding method for school bus, and ③ at the time of the instant accident, the Infant Care Act is applicable.

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