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(영문) 서울중앙지방법원 2019.04.17 2017가단5173636

손해배상(자)

Text

1. The Defendant: 140,000,000 won to the Plaintiff, and 5% per annum from April 14, 2016 to April 17, 2019, and the next day.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C are D dump trucks around 14:55 on April 14, 2016 (hereinafter “Defendant vehicle”).

) While driving Eul and driving his vehicle along the direction of the Gu mountain basin along three-lanes from the direction of the Gu mountain basin, while moving to the direction of the west west 100 west west-ro Seoul Metropolitan City, which led to the flow of the west west 100 west west. On the other hand, the plaintiff, who was a crosswalk pursuant to the pedestrian signals, was shocked into the front part of the left side of the defendant vehicle, followed the plaintiff's bridge with the left side and the rear wheels (hereinafter referred to as the "accident of this case").

2) As a result of the instant accident, the Plaintiff suffered injury, such as a state after leaving the right to the right, loss of the skin, body body body of the left-hand pelke, body of the upper-hand pelke, body of the upper-hand pelke, body of the upper-hand pelkes, dump of the fingers, dump

3) The Defendant is an insurer who entered into an automobile comprehensive insurance contract regarding the Defendant’s vehicle. According to the fact of recognition of liability, the Defendant, as the insurer of the Defendant’s vehicle, was injured by the operation of the Defendant vehicle, barring any special circumstance, is liable for damages incurred by the Plaintiff due to the instant accident as the insurer of the Defendant vehicle. (c) As to the limitation of liability, the Defendant asserts that, as the Plaintiff did not fulfill his duty of care as a pedestrian, at least 10% of the Plaintiff’s fault should be taken into account. However, the Plaintiff appears to have difficulty in predicting the situation where the Defendant was walking along the crosswalk pursuant to the pedestrian name bypassing the foregoing. Therefore, the Plaintiff’s negligence cannot be recognized as having participated in the instant accident. Therefore, the Defendant’s assertion cannot be accepted. 【The grounds for recognition’s assertion is without any dispute, A1 through 4,6,7,8, and evidence No. 2 (each description and image of each number, the purport of the entire pleadings, and the purport of all pleadings in this court.

2. The following shall be stated separately below the scope of the liability for damages.