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(영문) 대전지방법원천안지원 2016.11.09 2015가단14057

손해배상(자)

Text

1. The Defendant’s KRW 10,380,200 as well as the Plaintiff’s annual rate from June 26, 2015 to November 9, 2016, and the following.

Reasons

1. Occurrence of liability for damages;

A. On June 26, 2015, around 04:25, the Defendant driven along the “E” front of the “E” road located in the Westernbuk-gu, Western-gu, Western-gu, Seocheon-gu (hereinafter referred to as the “instant accident”). Meanwhile, the Plaintiff was crossinging the said road without permission. The Defendant, without careful care, found the Plaintiff who driven the vehicle without permission as above due diligence, was found late later, and the Defendant received the Plaintiff as the left-hand side part of the car driven by the Defendant (hereinafter referred to as the “instant accident”).

(2) On August 20, 2015, the Plaintiff suffered injury, such as mination of culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp.

On November 10, 2015, the Daejeon District Court rendered a judgment of conviction against the Defendant for 40 hours in the period of 1 year imprisonment without prison labor for a period of 40 hours during which the Defendant was sentenced to imprisonment without prison labor for a period of 1 year.

(2015 order 1364) The above judgment became final and conclusive on November 18, 2015 after the lapse of the appeal period.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 5, 9, and 12 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

B. The Defendant, who recognized the responsibility, neglected his duty to drive in a deep fashion, thereby resulting in the instant accident.

The Defendant is liable to compensate the Plaintiff for damages caused by the instant accident as a tort.

Accordingly, the defendant's assertion that the accident of this case occurred from the whole negligence of the plaintiff is not accepted.

C. As seen earlier, as seen earlier, the Plaintiff’s day-to-day time of December 24, 2014 is 05:14.

Therefore, 04:25, which is the time of the occurrence of the instant accident, constitutes night time.

It is clear that there is negligence of crossing the road without permission, and such negligence is the cause of the occurrence of the accident in this case and the expansion of damages.

Therefore, the defendant's liability is limited to 60%.

The plaintiff.