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(영문) 서울중앙지방법원 2017.10.18 2016가단5020537

손해배상(자)

Text

1. The Defendant’s KRW 495,00 and the following day shall be 5% per annum from September 7, 2015 to October 18, 2017 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. At around 18:50 on September 7, 2015, B: (a) C low-priced vehicles at the intersection without signal lights, etc. located in 97, Gangdong-gu, Gangdong-gu, Seoul (hereinafter “Defendant vehicles”).

ii)D-Epiced vehicles owned by the Plaintiff (hereinafter referred to as “Plaintiff vehicles”) that were in the right turn to the left from the right turn to the right turn to the right turn to the right turn on the right-hand side from the marbbbs of rocks that were driven by their driving on the marbs.

2) The left-hand part of the Defendant’s vehicle was the front part of the Defendant’s vehicle (hereinafter “instant accident”).

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 14 (including branch numbers, hereinafter the same shall apply) or video, the purport of the whole pleadings

B. In accordance with the recognition and limitation of liability, the Defendant is liable to compensate the Plaintiff for damages arising from the instant accident.

However, since the plaintiff's driver is negligent in not doing so at the intersection where traffic is not controlled, and such negligence is deemed to have contributed partially to the occurrence of the accident in this case, the defendant's responsibility is limited to 90%.

2. The Plaintiff asserts that the scope of liability for damages of this case is a claim for part of the amount of the repair cost equivalent to the repair cost, even though there were damages equivalent to not less than KRW 5,00,000 due to the accident of this case, if it was accepted at least by paying the repair cost of KRW 550,000 due to the circumstances.

According to the statements or images of Gap's evidence Nos. 12, 13, 15, 16, 17, and 18, it is recognized that the plaintiff's vehicle used 50,000 won to repair the penter after the left-hand side of the defendant's vehicle.

On the other hand, the defendant's liability for the above damages was limited to 90%.

Ultimately, the amount of 10% deducted from the Plaintiff’s negligence is 495,000 won (=550,000 x 90%).

Therefore, the defendant is liable to the plaintiff for damages amounting to 495,000 won.