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(영문) 서울중앙지방법원 2015.01.29 2013나53709

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. On April 21, 201, No. 21:50 on April 21, 201, the fact of recognition B: (a) driven a vehicle C (hereinafter “Defendant vehicle”) covered by the Defendant’s comprehensive motor vehicle insurance; (b) caused injury to the Plaintiff, such as a sexual cerebral brain species, etc. focusing on the fact that the center line of yellow do not have any two open wifes in need of treatment for about 8 weeks, in front of Gangnam-gu, Seoul; and (c) went back to the left right line from the left side of the running direction of the Defendant vehicle to the intersection; (d) the Plaintiff’s right direction, walking along the road to the right side of the road to the right side; and (e) caused the Plaintiff to suffer injury.

[Ground of recognition] The absence of dispute, Gap's evidence Nos. 1 through 4, and 11 (including numbers; hereinafter the same shall apply), the result of the first instance court's entrustment of physical examination to the head of Seoul Hospital at the 1st instance court, the result of the partial entrustment of physical examination to the head of the Sincheon-dol University at the Sindol University, and the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is liable to compensate the damage suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.

C. However, according to the above evidence, although the accident occurred at night at the time of the accident, the point of accident was the place where the roadway and the delivery are separated, the plaintiff did not have due care to the vehicle travelling in his direction while walking along the roadway, not India. The plaintiff's mistake is deemed to have caused the occurrence and expansion of the damage caused by the accident in this case (the plaintiff's assertion that is without fault is not accepted), so it shall be considered in calculating the amount of damage to be compensated by the defendant, but it shall be reasonable to 15% in light of the above facts, and the defendant's responsibility shall be all damages.