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(영문) 인천지방법원부천지원 2012.11.07 2010가단4921

손해배상(자)

Text

1. The Defendant’s KRW 184,056,744 as well as 5% per annum from November 18, 2009 to November 7, 2012 to the Plaintiff.

Reasons

1. Basic facts

A. (1) B, around 04:47 on November 18, 2009, when driving the C urban bus owned by Dowon Transport Co., Ltd. and driving the C urban bus, which is owned by Dowon Transport Co., Ltd., at the night at the time of the time when the vehicle of the Plaintiff’s driver’s driving was driven by Kimpo-si at the long-distance flood in the front section of the road, according to the direction of the road, at the time of the time. Since the vehicle of the Plaintiff’s driver’s driver’s driving is in progress at the front section of the road, even though there was a duty of care to safely overtake the vehicle, even though there was a duty of care to care as above, while driving the central line and passing the vehicle at a speed exceeding a speed of about 60 kilometers per hour at the center of the last part of the road at the speed of the city, caused the Plaintiff’s injury, such as cutting the bridge, etc. under the direction of the vehicle.

(2) The defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to the above sea vehicles.

[Reasons for Recognition] Evidence A 1-1, Evidence A 2-1, Evidence A 4, Evidence A 6-1 to 18, Evidence A 1-1 to 19, Evidence B 1-21, and the purport of the whole arguments and arguments

B. According to the facts as seen earlier prior to the occurrence of liability and limitation, the Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident as an insurer of a sea-going vehicle.

However, according to the evidence and the video of evidence Nos. 4 and 4 as seen earlier, the Plaintiff also stopped the vehicle on the road at one-lane and attempted to turn to a narrow channel beyond the median line without any special reason, and the Plaintiff’s negligence was caused by the occurrence and expansion of the damage caused by the instant accident.

Therefore, the defendant's liability is limited to 50% since it is reasonable to 50% in light of the above circumstances of the accident.

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