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(영문) 서울중앙지방법원 2021.02.04 2018가단5097340

손해배상(자)

Text

1. The Defendant’s KRW 45,899,604 for the Plaintiff and the Plaintiff’s 5% per annum from June 19, 2017 to February 4, 2021.

Reasons

1. Occurrence of liability for damages;

A. On June 19, 2017, the Plaintiff: (a) driven a C-wheeled Vehicle on or around 22:47 on June 19, 2017; and (b) was proceeding by straighting three lanes near the 1421st intersection in the direction of the yellow signal in the opposite direction while driving in the direction of the three lanes near the 1421 intersection.

D) A passenger vehicle shocked with the foregoing two-wheeled vehicle (hereinafter “Defendant vehicle”) (hereinafter “the instant accident”). due to the instant accident, the Plaintiff sustained the injury, such as the structural isolation of the body body of the light frame accompanied by a non-alleys, the closure of the body body of the light frame, the string of the strings and the strings of the strings, the strings of the strings, and the strings of the strings of the strings, and the strings of the strings of the fronts.

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement for Defendant vehicle.

【Unfounded Grounds for Recognition】 Each entry or video of Gap's evidence 1, 2, and 6 (including branch numbers), and the purport of the whole pleadings

B. According to the above fact of recognition of liability, the plaintiff sustained an injury due to the operation of the defendant vehicle, barring special circumstances, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as the mutual aid business operator of the defendant vehicle.

(c)

The Plaintiff, as a limitation of liability, should have seen the surrounding traffic conditions, such as the electric direction, and observed and proceeded with the signal, but was negligent in neglecting the duty at the front direction while proceeding with the intersection, and contributed to the occurrence of the instant accident and the expansion of damages. As such, the Plaintiff’s error contributed to calculating the amount of damages to be compensated by the Defendant, the Plaintiff’s negligence shall be considered in calculating the amount of damages to be compensated by the Defendant, but the Defendant’s vehicle started with the U-turn and proceeded with a considerable portion, and the Defendant’s responsibility shall be limited to 45%, and the Defendant’s liability shall be limited to 55%.

2. In addition to the matters stated below within the scope of liability for damages, a separate statement of calculation of the amount of damage compensation.