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(영문) 서울남부지방법원 2015.10.28 2014가단224664

손해배상(자)

Text

1. The Defendant’s successor intervenor: KRW 500,00 and each of them to Plaintiff A, respectively, KRW 1,952,581, Plaintiff B, C, and D. < Amended by Presidential Decree No. 22090, Oct. 2010>

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) as follows: (a) on May 12, 2010, E driven a fluent vehicle (hereinafter “Defendant vehicle”) around 21:50, and driven a side road in the vicinity of the set-off 14 complex in front of Seoul Nowon-gu Seoul Nowon-gu 1280; (b) on the part of the Defendant’s front part of the Plaintiff’s driving, who was going directly driving in the direction of the 14 complex in the set-off at the front part of the Defendant’s front part in the front part of the Defendant’s vehicle, led the Plaintiff, who was driving the said fluor, to cut down the left-hand part.

(2) At the time of the accident, traffic control has not been performed since the accident only works, such as yellow domination, etc. in the middle of the intersection of the alley distance.

(3) Plaintiff B, C, and D are children of Plaintiff A, and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with the Defendant vehicle.

(4) On May 27, 2015, the Defendant’s succeeding intervenor transferred the entire business from the Defendant, and succeeded to the insurer’s status under the said insurance contract, and succeeded to the instant lawsuit on August 5, 2015.

[Ground of Recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 to 3, Gap evidence 3, 4, Gap evidence 11-1 to 11, Gap evidence 2, 3, Eul evidence 1-1 to 18, Eul evidence 2-1 to 2-4, Eul evidence 2-1, and the purport of whole pleadings

B. According to the above recognition of liability, the defendant succeeding intervenor is liable for the damages suffered by the plaintiffs due to the accident of this case, and the claim against the defendant who transferred the status of the insurance contract is without merit.

C. Meanwhile, while limiting liability, the Plaintiff A did not wear a safety cap at the time of the instant accident while passing through the private street intersection without the driver’s license, and did not well look at the movement of another vehicle to pass through the said intersection or enter the said intersection.