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(영문) 서울북부지방법원 2015.07.16 2013가단111115

손해배상(자)

Text

1. Attached Form 2 shall apply to the accident described in attached Form 1 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. The facts of recognition 1) B are as follows: (a) around 05:32 October 21, 201, D AW 1.6 car owned by C (hereinafter “Plaintiff vehicle”).

i)A vehicle E (hereinafter referred to as “Defendant vehicle”) of the Defendant, which was parked on the front bank due to a vehicle trouble in the front bank by negligence, while driving the vehicle and driving the vehicle in the vicinity of the Gyeong-gu Goung-gu Goung-dong, which was driving in the vicinity of the Gyeong-gu Gyeong-dong Go-dong, while neglecting the duty to stop on the front bank.

2) The Defendant 1 did not discover and proceed without finding, and shocked the rear of the Defendant 1’s vehicle (hereinafter “instant accident”).

(2) At the time of the breakdown of the Defendant’s vehicle, the Defendant stopped the Defendant’s vehicle on the road and led the Defendant to drive the vehicle to a receiver outside the vehicle. However, in the instant accident, the Defendant suffered bodily injury requiring approximately two weeks of medical treatment due to the two sides, the luxal base, the luxal base, and the luxal base, and the Defendant’s handphone, which was in his hand, was damaged.

In addition, the mobile phones owned by the Defendant for the mobile phone sales business was damaged, and 25 of them were destroyed, and only the remainder eight of them were discovered.

3) The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with the Plaintiff with C. [The fact that there is no dispute over the grounds for recognition, the entries and images of the evidence Nos. 1, 2, and 5, 6, and 8, and the purport of the whole pleadings.

B. According to the facts of recognition as the basis of liability, the Plaintiff is liable for damages sustained by the Defendant due to the instant accident as the insurer of the Plaintiff’s vehicle.

C. However, according to the above facts and the evidence revealed earlier, if the defendant stops on an expressway due to a breakdown in the vehicle, it is found that the defendant erred by failing to attach an appropriate warning mark or safety signs, etc., and such error was caused by the instant accident.