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(영문) 부산지방법원서부지원 2020.06.02 2017가단11016

손해배상

Text

1. The Defendants jointly share KRW 24,068,08 with respect to the Plaintiff, and 5% per annum from February 24, 2016 to June 2, 2020.

Reasons

1. Basic facts

A. On February 24, 2016, Defendant B driven a DK3 car (hereinafter referred to as “fence vehicle”) around 17:50 on February 24, 2016, and received the front portion of the Plaintiff’s non-registered 100ccoccina (hereinafter referred to as “the instant offland”) from the Plaintiff’s driver’s driving without registration, who was directly in accordance with the normal signal from the right side of the wing vehicle to the left side of the MO5 car, and was in front of the melting vehicle due to the negligence, which was directly in violation of the signal from the north side of the Maritime Police Station at the port of Busan to the front side of the Maritime Police Station at the port of Busan to the front side of the Maritime Police Station at the port of Busan to the right side of the Maritime Vehicle.

(hereinafter “instant accident”). (b)

The Plaintiff suffered injuries, such as the cage of cage cages, which require approximately six weeks of medical treatment due to the instant accident.

C. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) is an insurer who has concluded a comprehensive automobile insurance contract with respect to a sea-going vehicle.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 3-1, 2, and Eul evidence Nos. 1, 1, 2, and the inquiry results on the I Co., Ltd. of this court; the result of the inquiry into the J, Busan University Hospital Head, K Hospital, and L Hospital's submission of each document; the purport of the entire pleadings

2. Occurrence of liability for damages and limitation on liability;

A. According to the above fact of recognition of liability for damages, Defendant B, a person engaged in driving a motor vehicle, who has a duty of care to prevent accidents by safely operating a motor vehicle in accordance with the new code, despite the fact that he/she had a duty of care to prevent accidents, due to negligence in driving the motor vehicle and caused injury to the Plaintiff. Thus, Defendant B, as a driver and operator of a melting motor vehicle, and Defendant B, as an insurer of the melting motor vehicle, suffered the Plaintiff from the instant accident, barring special circumstances.