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(영문) 부산지방법원동부지원 2017.07.19 2015가단208445

손해배상(자)

Text

1. As to Plaintiff A’s KRW 65,681,940, Plaintiff B’s KRW 1,000,000, and each of the said money, the Defendant from May 23, 2014 to May 2017.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) C, around 20:20 on May 23, 2014, operated D vehicles (hereinafter “Defendant vehicle”) and proceeded with C’s E-motor bicycle (hereinafter “Plaintiff Hatoba”), which was going on on the right side while changing the course from the unit bridge to the 2nd 89-lane C’s air route in front of the Kudong Broadcasting in Busan Metropolitan City, to the right side of the Kudong Broadcasting, and was going on to the right side of the C’s E-motor bicycle (hereinafter “the instant accident”). As a result, Plaintiff A suffered injury, such as the two parts of the said accident, both of them, i.e., e., the halphalopic pathrosis, and the galstrophal pathrosis, etc.

(2) Plaintiff B is the person in parental authority of Plaintiff A, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with Plaintiff C with respect to the instant Defendant vehicle.

[Ground of recognition] Facts without dispute, evidence of Gap's 7-1 to 9-1 to 6, Gap's 8, Gap's 9, Gap's 12-1 to 4, 6, 9, 11, and the purport of the whole pleadings

B. The recognition of liability C is negligent in entering the right side of the road without examining the Plaintiff’s Obaba while neglecting the duty of care in the course of operating the Defendant’s vehicle and changing the course. Accordingly, the Defendant, the insurer of the Defendant’s vehicle, is liable to compensate the Plaintiffs for damages suffered by the said accident.

C. However, according to the evidence acknowledged earlier and evidence Nos. 1 and 2, it is acknowledged that the location of the instant accident is near the line of a vehicle that proceeds from the front intersection, and that the Plaintiff A did not wear a safety cap at the time of the instant accident. According to the above facts, the Plaintiff A failed to properly look at the left-hand side of the road that is connected with the front intersection while operating the front intersection without wearing a safety cap. Such negligence is attributable to the occurrence and scope of damage.