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(영문) 부산지방법원 2017.11.02 2015가단44140

손해배상(자)

Text

1. The Defendant’s KRW 16,589,031 as well as the Plaintiff’s KRW 5% per annum from December 30, 2014 to November 2, 2017.

Reasons

1. Facts of recognition;

A. Around December 30, 2014, B driven a CDama Roster vehicle (hereinafter “Defendant vehicle”) around December 30, 2014, the lower end part of the Plaintiff’s driving car, which driven along the second line of the 3rd line of the 3rd line of the 3rd line of the 3rd line road from the front side of the 3rd line in the front side of the 3rd line of the 3rd line in the front side of the 3rd line of the 3rd line in the front side of the 3rd line in the front side of the 3rd line of the 3rd line in the front side of the 3rd line.

(hereinafter referred to as “instant accident”) B.

The Plaintiff suffered injury, due to the instant accident, such as a pelle to the left-hand pelle, a sle to the right sle to the upper-hand sle to the upper-hand sle to the upper-hand sle to the upper-hand sle to the upper-hand sle to the upper-hand sle to the upper-hand sle to the outer side, and a sle

C. The defendant is an insurance company that entered into a comprehensive automobile insurance contract with respect to the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 5, Eul evidence Nos. 1 and 8, video (if any, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above recognition of liability and the evidence as seen earlier, the accident in this case was caused by the negligence of moving the vehicle directly into the two-lane between the three-lanes, without properly examining the surrounding areas, even though there is a duty to avoid any interference with the vehicle directly moving from the three-lane distance, which is the driver of the Defendant vehicle. Thus, the Defendant is liable to compensate the Plaintiff for the damages caused by the accident in this case as the insurer of the Defendant vehicle, unless there are special circumstances.

B. Limit of liability: (a) the Plaintiff is negligent in driving the Plaintiff’s vehicle without examining the front door properly; and (b) such negligence is recognized as having caused the instant accident and the expansion of damages.