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(영문) 서울서부지방법원 2016.05.12 2014가단522

손해배상(자)

Text

1. The defendant succeeding intervenor 168,945,184 won to Plaintiff A, and 2.5 million won to Plaintiff B, respectively, and 1.250,000 won to Plaintiff C and D.

Reasons

1. Establishment of liability for damages;

A. The facts of recognition: (a) On June 26, 2012, Plaintiff A was found to have been injured by the E driver’s vehicle F, who entered the above road on the surface of F, which was trying to go beyond the central line of the road and going beyond the above road at the speed of 50km at a speed of 18:24 U.S. in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, for the operation of Ortoba (hereinafter “instant accident”); (b) Plaintiff B, C, and D respectively, were the wife and parent of Plaintiff A; (c) the Defendant concluded a comprehensive insurance contract for an automobile with the parties to the instant accident; and (d) the Defendant did not have any dispute over the rights and obligations of the parties to the agreement on May 27, 2015, and transferred the E driver’s license to the Intervenor under each of the above insurance contracts (hereinafter “the aforementioned agreement”).

B. According to the above facts of recognition of liability, the defendant succeeding intervenor is obligated to compensate the damages suffered by the plaintiffs due to the accident of this case, as the defendant succeeding intervenor transferred the status of the insurer of the Maritime Vehicle.

C. (1) In light of the circumstances surrounding the instant accident, etc. as seen earlier, it is common for the Plaintiff A to believe that the sea-going vehicle that entered the said two-lanes of the said Part is going to proceed to the intersection permitted by the U.S., and it is difficult for the Plaintiff A to predict that the sea-going vehicle should turn to the center line and turn to the left without any special circumstance to predict it. Therefore, it cannot be said that the Plaintiff A is liable for the occurrence of the instant accident.

(2) As to this, the Defendant’s successor at the time of the Plaintiff A.