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(영문) 서울남부지방법원 2014.11.21 2013가단34284
손해배상(자)
Text

1. The Defendant paid KRW 7,502,362 to the Plaintiff KRW 5% per annum from April 13, 2012 to November 21, 2014.

Reasons

1. Facts of recognition;

A. B, around 08:15, on April 13, 2012, driven a Danburt Transport Vehicle C (hereinafter “the instant wing Vehicle”) and proceeded from the 845 Rolar Apartment apartment on the uppermost side of the instant vehicle to approximately 21 to 30 km each hour of the two lanes in the middle of the 3-lane 3-lane, Seoul Special Metropolitan City, Nowon-gu, at the direction of the vehicle. Around 08:15, the vehicle line was changed to one lane each other without sufficiently examining the traffic situation of the lane to move. A two-lanes of the D Driving Vehicle (hereinafter “the instant harming Vehicle”) driving with approximately 31 to 40 km each other along the same direction as the instant Maritime Vehicle in order to cause the Plaintiff to suffer the injury to the Plaintiff after the collision of the instant wheel Vehicle with the upper left part of the instant vehicle as the front part of the damaged vehicle.

(hereinafter “instant accident”). (b)

The defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to the instant available vehicles.

【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 7, 9, and 10 certificates (including the number of branches)

2. Occurrence of liability for damages;

A. According to the above fact of recognition of liability, the accident in this case occurred due to the violation of the duty of care to safely drive the vehicle in the situation of traffic of the front and rear left, and prevent the accident due to the failure to smoke, in changing the vehicle B, and therefore, the defendant, who is the insurer of the vehicle in this case, is liable to compensate for the damages suffered by the plaintiff due to the accident in this case.

B. Limit of liability: (a) according to the attached Table 9 of Article 16(1) of the Enforcement Rule of the Road Traffic Act, in the case of a three-lane two-lane, two-wheeled vehicle should pass along three-lanes.

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