손해배상(자)
1. The Defendant’s KRW 6,009,068 as well as 5% per annum from December 28, 2016 to October 23, 2020, respectively, to the Plaintiff.
1. Occurrence of liability for damages;
A. (1) On December 28, 2016, the Plaintiff is the Plaintiff’s vehicle for CM3 vehicles (hereinafter “Plaintiff”) around 21:20,000, around December 28, 2016.
)를 운전하여 강원 평창군 대관령 차항리에 있는 영동고속도로 강릉방향 편도 3차로를 진행하다가 강릉방향 209.6km 부근에서 미끄러지면서 앞범퍼 부분으로 도로 오른편에 설치된 옹벽을 들이받고 튕겨져 차량 앞부분은 1차로, 뒷부분은 3차로에 걸쳐 차로와 직각방향으로 멈추었다(이하 ‘선행사고’라 한다
D. Around that time, D is the Defendant’s vehicle (hereinafter “Defendant’s vehicle”).
2) On the left side of the Plaintiff’s vehicle (hereinafter “instant accident”) while driving the said two-lanes on the road, and driving the said two-lanes on the front side of the vehicle.
(2) The Plaintiff suffered injury, such as light string, conical signboard wave, light string blood, mathal flaging, mathal pathy, and mathrosis, etc.
3) The Defendant is an insurer that has entered into an automobile comprehensive insurance contract with the Defendant’s vehicle [based on recognition]. The Defendant is an insurer that has entered into an automobile comprehensive insurance contract with the Defendant’s vehicle [based on recognition], as well as the entries and videos of the evidence Nos. 3, 4, 7, 20
- The purport of the whole pleadings
B. The Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as an insurer of the vehicle, barring any special circumstance, since the Plaintiff sustained an injury due to the operation of the Defendant’s vehicle to recognize liability.
The defendant asserts immunity as a driver in the absence of the accident of this case.
According to the evidence mentioned above, Gap evidence Nos. 21 and Eul evidence Nos. 21, and Eul evidence Nos. 1, at the time, the accident is at night and at the right side of the accident site, and the plaintiff did not take any accident due to the shock of the preceding accident. However, there is a street, etc. on the left side of the expressway, but it appears that the location of the plaintiff's vehicle was parked, the shape of the plaintiff's vehicle stopped over several lanes, and the tail, etc. on the plaintiff's vehicle, and the highest temperature difference.