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(영문) 창원지방법원통영지원 2012.11.09 2012가단1374

손해배상(자)

Text

1. The Defendant: (a) from May 11, 201, to Plaintiff A, KRW 68,237,684, and KRW 2,00,000, respectively, and each of them.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The defendant is the D vehicle (hereinafter referred to as the "Korea Coastal Vehicle").

2) Around 16:50 on May 11, 201, F is an insurer which entered into a comprehensive automobile insurance contract with E, the owner. (2) around 16:50 on the same day, while driving the instant dial vehicle and driving the instant dial vehicle into a dial area along the two-lanes of the national highways located in the divers of the diverse, which is located in the divers of the instant case, the said vehicle turned down into a broom and dives off the central line, which led the Plaintiff’s G car (hereinafter referred to as “divers of the instant vehicle”) going along the opposite one-lane of the opposite divers of the instant divers.

(3) On July 25, 2011, the Plaintiff, who driven the instant damaged vehicle, was charged with the injury, such as the so-called “the instant accident” in the instant accident, and the Plaintiff, who was convicted of the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and was sentenced to a fine of KRW 3 million on July 25, 201.

5) Plaintiff B and C are Plaintiff A’s children. 【The purport of the entire pleadings and arguments, as indicated in the evidence Nos. 1, 2, and 3, based on recognition.

B. According to the facts of recognition as the basis of liability, the point of accident of this case is installed with the central line and the central separation facility, and at the time the unsatisfed surface was satisfyed. As such, F is recognized to be negligent by violating the duty of care to reduce speed and accurately manipulate the steering gear and not exceeding the central line while operating the instant sea-going vehicle. Thus, the Defendant, the insurer of the instant sea-going vehicle, is liable to compensate the Plaintiffs for the damages incurred by the Plaintiffs due to the instant accident.

C. The judgment on the claim on limitation of liability is based on the following: (a) Plaintiff A was in the state of viral and viral surface at the time of the instant accident.