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(영문) 수원지방법원 2017.04.13 2016나65916

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. The plaintiff is the victim of a traffic accident, and the defendant is the owner of the D vehicle driven by C (hereinafter referred to as "diversing vehicle").

B. At around 17:30 on May 18, 2014, C, while driving a sea vehicle on the road in the Yacheon Park Park parking lot located in the Yacheon-si and neglecting to perform the duty of front-time care, C, who was walking around the Yacheon-si, was shocked with the part of the front-hand part of the YA while neglecting the duty of front-time care to turn to the left.

(hereinafter referred to as “instant accident”). C.

The Plaintiff suffered injuries, such as blood transfusions from external wound, spawnings, and spelkeing, due to the instant accident. D.

On March 8, 2016, the Plaintiff agreed on the following amount (14,00,000 won) from the perpetrator’s or the perpetrator’s Samsung Fire Marine Insurance Co., Ltd. (hereinafter “Tsung Fire”) to receive damages, and mutually agreed on the following amount (14,00,000 won) from the Defendant’s insurance company (hereinafter “the Plaintiff”). As such, the Plaintiff promised to waive all rights thereto, and to not file a civil or criminal lawsuit or objection, and signed and sealed this agreement as evidence after all of the following documents (hereinafter “instant agreement”). The Plaintiff was paid KRW 14,00,000 from Samsung Fire on the same day (hereinafter “instant agreement”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 3, 4, 10, and 17, video of Eul evidence 3, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts, since the accident of this case occurred by negligence of C, the defendant is the owner and operator of a sea-going vehicle and is liable to compensate the plaintiff for the damages caused by the accident of this case.

B. The defendant will cross-sections within the parking lot which is not India.