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(영문) 부산지방법원 2017.09.12 2015가단230798

손해배상(자)

Text

1. The Plaintiff:

A. Defendant Samsung Fire Fire Marine Insurance Co., Ltd.: 10,246,831 won and its related amount from December 7, 2011.

Reasons

1. Basic facts

A. On February 17, 2009, the Plaintiff, while serving in military service, sustained an injury to the upper right of 2,3 double sacrifies, while being wounded in the mouth 17, 2009, and caused multiple sacratic sacratic sacratic sacratic sacratics, and performed an operation to inserting the sacrific sacrine on August 2, 201 on the part of the Plaintiff’s left side.

B. Around 14:00 on December 6, 201, the Plaintiff suffered the injury of the front left-hand string and the front string of the string of the car that was faced with the vehicle located in the parking lot in the building, which was coming from the savings bank instead of the Hongcheon-dong, Busan (hereinafter “the first accident in this case”).

C. On October 4, 2012, the Plaintiff, while driving a vehicle around 11:15 on October 4, 2012, was faced with another vehicle located in the parking lot located in the Busan Northern-gu B (hereinafter “instant secondary accident”). D.

Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire and Marine Insurance”) is the insurer of the vehicle that caused the instant primary accident, and Defendant He Interesting Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant He Interesting Fire and Marine Insurance”) is the other party insurer of the vehicle that caused the instant secondary accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 19, 37 (including branch numbers), the purport of the whole pleadings

2. Determination as to the claim against Defendant Samsung Fire Marine Insurance

A. According to the above recognition of the liability for damages, the first accident of this case occurred due to the negligence of driving the vehicle without examining whether the driver of the above vehicle had a pedestrian in the rear side while moving the vehicle. Thus, the defendant Samsung Fire and Marine Insurance, the insurer of the above vehicle, is liable to compensate the plaintiff for the damages caused by this.

On the other hand, Defendant Samsung Fire and Marine Insurance also contributed to the Plaintiff’s negligence in the occurrence of the instant primary accident, and thus, Defendant Samsung Fire and Marine Insurance should be limited to the liability of Defendant Samsung Fire and Marine Insurance. However, the instant primary accident is above.