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(영문) 서울중앙지방법원 2016.12.09 2015가단5170398

손해배상(자)

Text

1. The Defendant’s KRW 51,724,488 as well as 5% per annum from August 19, 2014 to December 9, 2016, and the following.

Reasons

1. Occurrence of liability for damages;

A. 1) On August 19, 2014, C: (a) around 15:55, on August 19, 2014, C is the 24 tons of base trucks called D Earth (hereinafter “Defendant vehicle”).

) On the 38th m/h m/h m/h east, the e-mail vehicle (hereinafter referred to as the “Plaintiff vehicle”) in a E-mail vehicle (hereinafter referred to as the “Plaintiff vehicle”) in a state where the Plaintiff driven the e-mail vehicle (hereinafter referred to as the “Plaintiff vehicle”) in a narrow direction of the two-lane m/h 87m/h m/ h m/ h of the e-mail on the e-mail, the e-mail, the length of which is narrow and narrow on the e-mail on the e-mail on the e-mail, the e-mail vehicle (hereinafter referred to as “the e-mail”).

A) B stopped or parked. C did not perform his duty of care to accurately operate the steering gear and steering gear well, and C was shocked to the front part of the Plaintiff’s vehicle located on the front part of the Defendant vehicle, thereby causing injury to the Plaintiff (hereinafter “instant accident”).

(2) The Defendant is a mutual aid business operator who entered into a motor vehicle mutual aid contract for the Defendant’s vehicle.

【Ground for Recognition: Unsatisfy Facts, Gap evidence 1, 2, 11 through 13 (including branch numbers if there are branch numbers; hereinafter the same shall apply)

(ii) Nos. (i) and (ii), and the purport of the entire pleading

B. According to the above recognition of liability, the defendant, who is a mutual aid business operator for the defendant's vehicle, is liable to compensate the plaintiff for the damages caused by the accident of this case.

다. 책임의 제한 다만, 원고서도 편도 2차로의 국도이고 도로교통법상 주차가 금지된 장소인 다리 위에서 갓길과 2차로에 걸쳐 차량을 주차 내지 정차하고 있으면서 안전띠를 매지 않고 있어 사고로 인하여 차량 밖으로 튕겨져 나간 잘못이 있고, 원고의 이러한 잘못도 이 사건 사고의 발생과 손해의 확대에 기여하였으므로 이러한 원고의 과실과 이 사건...

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