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(영문) 서울중앙지방법원 2017.10.13 2017나34638

손해배상(자)

Text

1. The plaintiff's appeal and the defendants' appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The fact of recognition is that the Plaintiff is the owner of C-Wro vehicle (hereinafter “Plaintiff vehicle”), and Defendant B is the owner of D-Wro vehicle (hereinafter “Defendant vehicle”).

The defendant Han Lan Insurance Co., Ltd is an insurer who has entered into an automobile insurance contract for the defendant vehicle.

On February 15, 2016, at around 01:25, Defendant B driven the Defendant’s vehicle and proceeded along the two-lanes of the front part of the F-lane E in Bupyeong-gu, Shicheon-si, by one of the three-lanes in front of the F-lane E, the left part of the Plaintiff’s vehicle, which was parked on the side of the three-lane side, was shocked to the right part of the front part of the Defendant’s vehicle.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, entry and video of Gap evidence Nos. 1 through 5, and 15 (including each number; hereinafter the same shall apply)

2. According to the fact that the occurrence of liability for damages was recognized, Defendant B is a tort, and Defendant B is liable to compensate for the damages suffered by the Plaintiff due to each of the instant accidents as the insurer of the Defendant vehicle.

3. Scope of liability for damages

A. The court may determine a reasonable amount as damages in full view of the purport of the entire pleadings and all the circumstances recognized as the result of the examination of evidence where it is difficult to prove the specific amount of damages due to the nature of the case, even though the damage was found to have occurred.

[Attachment 2] Article 202-2 of the Civil Procedure Act and Article 2 of the Addenda (Law No. 14103, Mar. 29, 2016). In light of the health team, the above evidence and evidence No. 6, the evidence No. 3, the fact inquiry results with respect to the first instance G, and the following circumstances recognized by the overall purport of the pleading, the fact that the Plaintiff suffered loss is recognized, and it is difficult to prove the specific amount of loss due to the nature of the case, and thus, this case is deemed to constitute cases where it is difficult to prove the specific amount of loss.