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(영문) 서울중앙지방법원 2018.12.19 2017가단5178051
손해배상(자)
Text

1. The Defendant: (a) KRW 233,643,497; (b) KRW 5,000,000 to Plaintiff A; and (c) each of them, from August 2, 2016 to December 2, 2018.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) C is a D vehicle around 08:45 on August 2, 2016 (hereinafter “Defendant vehicle”).

2) The Plaintiff’s bicycle riding machine was driven by the Plaintiff’s Plaintiff’s bicycle riding machine (hereinafter “instant accident”) who had driven the two lanes near the E-lanes in the middle of the two lanes, changed the course from the two lanes to the first one while driving the two lanes (hereinafter “instant accident”).

2) The Plaintiff A suffered from injury, such as cerebral cerebrovascular, etc., due to the instant accident.

3) Plaintiff B is the Plaintiff’s child, and the Defendant is the insurer of the Defendant’s automobile insurance contract. According to the fact of recognition of liability, the Defendant is liable for damages incurred by the Plaintiffs as the insurer of the Defendant’s automobile. (C) Although the instant accident occurred due to negligence committed by the Defendant’s driver on the front line, the Plaintiff’s bicycle driver is required to pass along the right side of the road at a place where the bicycle is not constructed (Article 13-2(2) of the Road Traffic Act), and the Plaintiff violated this and changed the course from the second lane to the first lane (as alleged by the Plaintiff, it cannot be deemed that the Plaintiff’s driver changed the course from the second lane to the second lane, and then the Defendant’s vehicle driver did not wear a safety cap at least 70%, taking into account these circumstances, the Defendant’s liability is limited to the Defendant’s liability in consideration of the fact that the Defendant’s driver did not have any dispute over the grounds for recognition / [Article 13-2(2) of the Road Traffic Act), the Plaintiff’s witness’s evidence No. 16, and evidence No.

2. Except as provided below within the scope of liability for damages, it shall be the same as each corresponding item of the attached table of calculation of damages and shall be for the convenience of calculation.

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