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(영문) 광주지방법원 2018.07.11 2016가단514928

손해배상(자)

Text

1. The Defendant’s KRW 156,120,241 and the said money to the Plaintiff are 5% per annum from August 23, 2012 to July 10, 2018.

Reasons

1. Occurrence of liability for damages;

A. Fact-finding 1) Nonparty E is the Defendant for a passenger car of SM5 (hereinafter referred to as “Defendant”) around August 23, 2012, around 22:40.

2) A driving of the Plaintiff and Nonparty I, who walked at the entrance of the apartment, followed the direction of G apartment by one-lane between the two-lanes in the F apartment in Gwangju Northern-gu, and went to the left at the entrance of H. The Plaintiff and Nonparty I, who was leaving the entrance of the apartment, was shocked. 2) E, immediately after the shocking immediately stopped the Defendant’s vehicle, led the Plaintiff going to the end of 10 meters.

The plaintiff suffered injuries, such as the escape of the left-hand sloping and the sloping to the left-hand sloping, the right-hand sloping bed, the sloping to the right-hand sloping, and the original sloping, etc. by the accident.

(hereinafter) The Defendant is an insurance company that entered into a comprehensive automobile insurance contract with the Defendant regarding the foregoing E and the Defendant’s vehicle. AHH JJ G GH [based on recognition] dispute, the fact that there is no dispute, and each of the entries (including partial numbers, and the purport of the entire pleadings) in Gap’s evidence Nos. 1 through 6.

B. Under Article 3 (Liability for Damages) of the Guarantee of Automobile Accident Compensation Act, Articles 724 (Direct Claim against Insurer) and 726-2 (Liability for Indemnification of Automobile Insurers) of the Commercial Act, the Defendant is liable to compensate for all damages suffered by the Plaintiff due to the instant accident.

C. According to the evidence as seen earlier prior to the limitation of liability, when crossing the apartment at the entrance of the instant accident, the Plaintiff was negligent in failing to perform such duty of care despite having to cross the road after checking the left and right of the entrance of the apartment at the time of the instant accident. However, it is not easy for the Plaintiff to discover the Defendant’s vehicle that enters the road at the entrance of the apartment, and it is not easy for the Plaintiff to find out the Defendant’s vehicle that entered the road at the left, and there was no crosswalk installed at the entrance of the apartment at the time of the accident, and the driver was already crossing the road at the time of the accident, and the driver E