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(영문) 수원지방법원 2018.04.26 2014가단2439

손해배상(자)

Text

1. The Defendant’s KRW 238,221,893 as well as the Plaintiff’s annual rate from March 9, 2012 to April 26, 2018.

Reasons

1. Occurrence of liability for damages;

A. (1) On March 9, 2012, B, while under the influence of alcohol with blood alcohol content of 0.058% at around 23:30 on March 9, 2012, B driving a C rocketing car (hereinafter “HA”) with the “E” line located in D at the time of harmony (less, without two-lanes), was driving on the coast of the “E” line at the entrance of the section.

(2) B did not continue to proceed to the right-hand side of the road under the influence of alcohol and had a part on the right-hand side, middle, and left-hand side.

On the other hand, F was driving on the left side of the road even though the Rour VJF 125cc Orala (hereinafter “damage Orala”), which F was driving on the left side of the road. On the other hand, it was found late after the damaged Orala, and Hand on the right side, but the damaged Orala was not caused due to the blurd part of the driver’s seat of the vehicle.

(3) The Plaintiff suffered an injury on the part of the Plaintiff, which caused the instant traffic accident, due to the injury. (3) The Plaintiff suffered an injury on the part of the Plaintiff, such as an external cerebral cerebral cerebral cerebral dys that require at least 12 weeks medical treatment.

(4) The Defendant is an insurance company that has entered into an automobile insurance contract with B with the insured vehicle using the damaged vehicle as the insured vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 1-3, 17, 18, 45 through 48, and the purport of the whole pleadings

B. Under Article 3 of the Guarantee of Automobile Accident Compensation Act (Liability) and Articles 724 and 726-2 of the Commercial Act, the Defendant shall be liable to compensate all damages suffered by the Plaintiff due to the instant accident.

C. The judgment of the Defendant on the claim for limitation of liability is that the instant accident occurred on the shore without street lamps from a close point of view to self-determination, and that the Plaintiff did not wear a safety cap and did not issue the direction of safe driving to the driver as the off-to-land passenger.