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(영문) 서울중앙지방법원 2017.11.09 2015가단206360

손해배상(자)

Text

1. The Defendant: (a) KRW 313,973,980; (b) KRW 5,00,000; and (c) KRW 1,50,000; and (c) KRW 1,50,000, respectively, to Plaintiff A and D.

Reasons

1. Occurrence of liability for damages;

A. On May 21, 2014, E driving a Fcar (hereinafter “Defendant vehicle”) around 15:54 on May 21, 2014, while proceeding two lanes from the direction of the Suwon-ro distance at the speed of 79.4 to 83.5km of the road No. 43 at the speed of the 79.4m or 83.5km at the speed of the river at the speed of 15:5m.

While changing the course to a one-lane, the rear part of the G Freight Vehicle (hereinafter referred to as the “Plaintiff Vehicle”) standing on the front side of the Defendant Vehicle was shocked by the front part of the Defendant Vehicle, and due to its shock, the Plaintiff A, who was arranging the goods in the Plaintiff’s vehicle freight column, was deprived of the road.

(2) The plaintiff A suffered bodily injury, such as a pellley, laba, etc., due to the instant accident.

(3) Plaintiff B’s wife, Plaintiff C, and D are the children of Plaintiff A, and the Defendant is the insurer who entered into a comprehensive insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, each entry or video (including numbers; hereinafter the same shall apply) of Gap 17 evidence, the purport of whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs due to the accident of this case as the insurer of the defendant vehicle.

C. Limit of liability, however, the Defendant’s liability is limited to 80%, since the Plaintiff committed an error in stopping and loading on the road, and the foregoing circumstances led to the occurrence of the accident and the expansion of damage.

In addition, the defendant asserts that the defendant's liability should be limited because the plaintiff A did not take measures such as the installation of a triangulation belt or the signal of hand signals while stopping on the road.

살피건대, 갑22호증의 1, 2의 각 영상에 의하면, 원고 차량은 비상등을 켠 상태에서 정차 중이었고, 피고 차량 보다 앞서 1차로로 진행 중이던 차량 운전자는 원고 차량이 정차...