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(영문) 부산지방법원 2021.01.21 2019가단345278
손해배상(자)
Text

1. The defendant shall pay to the plaintiff KRW 182,89,539 as well as 5% per annum from March 26, 2019 to January 21, 2021, and on January 22, 2021.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C driven a DUP car (hereinafter “Defendant vehicle”) around 05:35 March 26, 2019, and driven a red signal from the right side of the Defendant’s running along the intersection to the direction of the said intersection by entering the intersection and proceeding with the blue-type (attached) signal, etc., in front of the H restaurant in Busan, which crosses a five-lane road going to and from the port of the road at F elementary school level, depending on the two-lane road between FF elementary schools and the two-lane road between FF elementary schools.

I Driving motor vehicles (hereinafter referred to as “victimed motor vehicles”) caused a traffic accident (hereinafter referred to as “the instant accident”) that leads to the front part of the Defendant vehicle’s front seat.

2) The Plaintiff, who was on the top of the steering force of the victimized vehicle due to the instant accident, was suffering from a closed dynasium, such as a dynasium, verte, spine damage, four or more fynasium, and a closed dynasium, with no open body inside the plenasium, such as a fynasium, fry, synasium, synasium, and a closed dynasium, etc.

3) The defendant is the insurer of the defendant vehicle.

【Ground of recognition】 The facts without dispute as to Gap’s evidence Nos. 1 through 9, Gap’s evidence No. 11-1 through 11, and the purport of the whole pleadings

B. According to the above recognition of liability, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring any special circumstance, the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant accident as the insurer of the Defendant’s vehicle.

(c)

The Defendant’s determination as to the claim of limitation of liability is that ① at the time of the instant accident, I, the driver of the victimized vehicle, did not pay attention to the traffic status of the said intersection to the straight-line signal, thereby entering the intersection as is, and proceeding with the intersection. In addition, the Plaintiff, the passenger of the damaged vehicle, also did not avoid the error.

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