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(영문) 서울중앙지방법원 2014.08.12 2012가단249793

손해배상(자)

Text

1. The Defendant’s KRW 697,918,466 as well as the annual rate from December 13, 2010 to August 12, 2014.

Reasons

1. Occurrence of liability for damages;

A. At around 20:50 on December 13, 2010, Category B: (a) a passenger car at around 20:50 (hereinafter “Defendant vehicle”).

) While driving a vehicle to turn to the left at Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, the Plaintiff, who walked in the Defendant vehicle facing the Defendant vehicle due to the left-hand fence and the net part of the Defendant vehicle, was injured by an injury, such as an external blood under the trauma of the Plaintiff (hereinafter “instant accident”).

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap 2, 3, 7 evidence, Eul 2, 4 (including each number), the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for damages sustained by the plaintiff due to the accident of this case as an insurer of the defendant vehicle.

C. The limitation of liability, however, according to the above facts and each of the above evidence, the plaintiff must walk at night when checking the left side of the road without distinction between the roadway and India from time to time, and in the direction opposite to the vehicle and horse pursuant to Article 8(2) of the Road Traffic Act, i.e., the left side of the road in which he walk or the right side of the road in which he walk, notwithstanding the fact that he neglected to walk, and the plaintiff's error is also deemed to have contributed to the occurrence of the accident in this case or the expansion of damages, and thus, the defendant's liability is limited to 90% of the defendant's liability by considering the ratio of the plaintiff's negligence to 10% in light of the above facts.

2. As a result of the fact-finding with respect to the description Nos. 1, 4, 6, and 8 (including each number), and Nos. 5, and the inquiry with respect to the chief of the tax office at the beginning of this court, the result of the physical examination with respect to the chief of the ethic hospital attached to the Ethic University at the Ethic University at this Court; and