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(영문) 서울남부지방법원 2017.09.21 2015가단208690

손해배상(자)

Text

1. The Defendant’s KRW 55,340,586 as well as the Plaintiff’s annual rate from June 9, 2014 to September 21, 2017.

Reasons

1. Occurrence of liability for damages;

(a) A vehicle B (hereinafter referred to as “Defendant vehicle”)

On June 9, 2014, the driver of the vehicle, while driving the Defendant vehicle at around 20:0 and driving the signal signal in order to turn to the left at one lane in front of the 7-lane intersection in front of the 7-lane in Yongsan-gu Seoul, Yongsan-gu, Seoul, in order to turn to the right at the 7-lane in that way, the driver changed the vehicle from the one lane to the other four lanes in order to turn to the 7-lane in that way. However, while the plaintiff driving the 3-lane while driving the 3-lane and driving the 4-lane, the driver shocked the direction of the direction of the direction of the movement (hereinafter referred to as the “accident in this case”).

2) As a result of the instant accident, the Plaintiff suffered injury, such as minculization of the right-hand sulll, minculing of the left-hand sulll, etc.

3) The Defendant is an insurer which has concluded a comprehensive automobile insurance contract with respect to the Defendant vehicle. [The fact that there is no dispute over grounds for recognition, entries in Gap evidence 1 and 2, and the purport of the whole pleadings.]

B. According to the above fact of recognition of liability, the defendant is liable to compensate the damage suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.

C. As to the Defendant’s claim on the limitation of liability, the Defendant did not have any elements that obstruct the Plaintiff’s view at the time of the instant accident, and the Defendant’s vehicle tried to enter 7 feet as recorded. The Defendant asserted that the Defendant’s liability should be limited in consideration of the Plaintiff’s negligence, given that the Plaintiff overtakened the Defendant’s vehicle due to crypt operation, and did not properly control the crypt and did not control the crypt,

The instant accident is an accident in which the driver of the Defendant vehicle tried to make a bypassing the vehicle due to the alteration of the vehicle between the first lane and the fourth lane beyond the room where the change of the vehicle is prohibited.