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(영문) 서울중앙지방법원 2018.07.11 2016가단5033809

손해배상(자)

Text

1. The defendant shall pay to the plaintiff A KRW 1,00,000, and KRW 500,000 to the plaintiff, respectively, and each of them.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) E is a Fcar at around 11:35 March 10, 2015 (hereinafter “Defendant Vehicle”).

) A driver, while driving his vehicle and driving his vehicle, the two-lanes of the two-lanes near the Songcheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon Sacheon and changed the course to the two-lane A. Plaintiff A is G cargo vehicle (hereinafter “Plaintiff”).

) While driving a vehicle and driving a two-lane, in order to avoid a collision with the Defendant vehicle, the vehicle transferred its course to the right-hand side and fell beyond the center and shocked the signal pole (hereinafter “instant accident”).

(2) The Plaintiff A suffered injury, such as damage to the pressure of each bridge and the cutting of credit.

3) Plaintiff B and C are the parents of Plaintiff A, and Plaintiff D are the siblings of Plaintiff A. The Defendant is an insurer who concluded an automobile comprehensive insurance contract with respect to the Defendant’s vehicle (based on recognition). [This ground] fact that there is no dispute, Gap’s evidence 1 through 5, 22, 23, and Eul’s evidence 5 (including paper numbers, and the purport of the entire pleadings)

B. According to the above facts, the defendant is liable for the damages suffered by the plaintiffs due to the accident of this case as the insurer of the defendant vehicle.

C. The Defendant asserts whether the liability is limited or not, the Plaintiff’s vehicle is equipped with the beam beamer of a considerable height and weight and additional load on the Plaintiff’s vehicle, and the Plaintiff’s negligence of neglecting the Defendant’s liability, in light of this, since the Plaintiff’s negligence, such as the front-way and continuous driving, is likely to require safe driving compared to ordinary vehicles at the time of operation.

However, the instant accident is due to the change of the course from the distance close to the Plaintiff’s vehicle to the two-lane in order for the Defendant’s vehicle not having entered the three-lanes prior to the right of way, and the Plaintiff’s change of course to avoid a collision with the Defendant vehicle, and the Plaintiff’s change of course to the end going beyond the center.