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(영문) 서울중앙지방법원 2014.11.20 2011가단378779

손해배상(자)

Text

1. The Defendant’s KRW 12,441,194 as well as 5% per annum from August 16, 2005 to November 20, 2014 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B driven the C Vehicle around 15:00 on August 16, 2005 (hereinafter “the instant Liber”) and driven the C Vehicle at the intersection at the entrance of a general hospital located in the Gananan-ean-ean-ean-ean-ean-ean-ean-ean-ean-ean-ean-ean-ean-ean-ean-ean-ean-ean-i-e

However, B caused the Plaintiff’s bicycle that was driven in the opposite direction of the progress of the above Maritime Vehicle to the right side of the above Maritime Vehicle by negligence while neglecting the front side and the right side side side side of the Maritime Vehicle while driving the above Maritime Vehicle in the above Maritime Zone.

(hereinafter referred to as “instant accident”). The Plaintiff suffered injury on the brain ties, etc. due to the said accident.

(2) The Defendant is the insurer of the instant sea vehicle.

B. According to the above fact of recognition of liability, the defendant is liable to compensate the plaintiff for the damages caused by the accident of this case as the insurer of the instant sea vehicle.

C. In full view of the fact that the instant accident occurred, the location where the instant accident occurred is without signal, etc. in the section of the non-protection line on the intersection, and the vehicle seems to frequently enter the area near the site where the accident occurred through the intersection, and the shock side of the instant vehicle is presumed to have occurred only after the instant sea-going vehicle passes nearly through the intersection for U-turn in the right side part of the instant accident, the Plaintiff shall also be held liable to limit the Defendant’s liability to 90%, on the ground that the Plaintiff neglected to take measures such as reducing the speed and walking down at the left or the U-turn vehicle on the intersection while considering the existence of the left or the left-hand vehicle on the intersection.

In addition, the defendant alleged that the plaintiff was erroneous at the time of the accident of this case that the safety gear, such as the safety cap, but the defendant's allegation in this part is without fault solely on the ground that the bicycle passenger did not wear the safety gear if he is an adult.