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(영문) 서울남부지방법원 2020.07.09 2016가단215466

손해배상(자)

Text

1. The Defendant’s KRW 380,688,457 as well as 5% per annum from July 5, 2015 to July 9, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. At around 02:23, July 5, 2015, C: (a) driven by DBF Royman (hereinafter “Defendant vehicle”); (b) changed the car line from the first lane to the second lane while driving a road front of the Incheon Jung-gu E hotel in the direction of an increase in the direction of trees from the Athra bathing beach; (c) changed the car line from the second lane to the second lane; (d) driven the FPS car driving the vehicle behind the Defendant vehicle.

(hereinafter “instant accident”). (b)

In the instant accident, the Plaintiff, who was on the Defendant’s vehicle, sustained injury, such as pressure duplicating disease, etc.

C. The defendant is an insurer who has entered into an automobile insurance contract for the defendant vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 3 (including each number), and the purport of the whole pleadings

2. Occurrence of liability for damages;

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

B. The defendant asserts that the limitation of liability is asserted and the defendant's liability should be limited because the plaintiff has been on the part of the defendant's vehicle of C driving without compensation.

The amount of compensation may be reduced if the operator of the vehicle permits the passenger to take the vehicle for the convenience and interest of the passenger without any consideration, and the passenger receives the provision for his/her convenience and interest, in light of various circumstances, such as the purpose of operation, the personal relationship between the passenger and the operator, the circumstances leading up to his/her participation in the vehicle, and the purpose and active nature of the demand for taking the same responsibility as the general traffic accident, and if it is deemed very unreasonable in light of the principle of good faith or equity, the amount of compensation may be reduced. However, the vehicle involved in the accident merely took the vehicle in the accident, but it is the reason for the reduction of the amount of compensation.