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(영문) 서울중앙지방법원 2020.10.30 2020나11512

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. (1) On September 20, 2016, C driven D C C C’s vehicle (hereinafter “niver vehicle”) on September 7, 2016, and proceeds from the front of FF Bank located in E in the e-si in the e-si, the two-lanes of the three-lane road in front of FF Bank located in the e-si.

(2) At that time, G driving a H SP car (hereinafter “Defendant vehicle”) and driving the vehicle in the direction of the driving of the non-party vehicle at the parking lot of the I building in the direction of the driving of the non-party vehicle, leaving the parking lot of the I building in the direction of the driving.

After that, while the defendant's vehicle crosses a two-lane from the three-lanes of the above road to drive on a U.S., the front part of the defendant's vehicle and the front part of the non-party vehicle conflict.

(hereinafter referred to as "the instant accident". (3) At the time of the instant accident, the Plaintiff was seated on the rear seat of the Defendant’s vehicle. However, due to the instant accident, the Plaintiff suffered injury, such as the uncertainty of the details of the balle and the number of the balle of the balle and the balle of the balle, the right

(4) The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.

[Based on recognition] The respective descriptions and images of Gap evidence Nos. 1 through 3, Gap evidence Nos. 10, 11, Eul evidence No. 11, and the purport of the whole pleadings

B. According to the above recognition of liability, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring any special circumstance, the Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident as the insurer of the Defendant’s vehicle.

(c) the limitation of liability (1) the driver of the vehicle permits the passenger to board the vehicle for the convenience and interest of the passenger without any consideration, and the passenger has also been provided for the convenience and interest of the passenger, in the light of various circumstances, such as the purpose of operation, personal relations between the passenger and the operator, the developments leading up to the passenger's transfer to the vehicle, in particular the purpose and active nature of the request, etc., the perpetrator shall be liable as a general traffic accident.