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(영문) 서울서부지방법원 2017.12.14 2017나2247
손해배상(자)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is the driver of B rocketing car (hereinafter “Plaintiff”) and C is the driver of D AWW-to-pubed car (hereinafter “Defendant vehicle”), and the Defendant Company is the insurer who entered into an automobile insurance contract with respect to the Defendant vehicle.

B. At around 19:30 on July 15, 2016, C driven the Defendant’s vehicle in the direction of Seoul Metropolitan City, which is located in Seoyang-Eup, Seoyang-si, Namyang-si. On the other hand, C did not completely stop due to an error in operating the brake while at the speed of trying to stop in order to pay tolls in front of the Namyang-si, and did not look at the part of the back part of the Plaintiff’s vehicle stopped prior to the front of the Defendant’s vehicle.

(hereinafter “instant accident”). 【The ground for recognition” has no dispute, Gap’s evidence Nos. 1, 5, Eul’s evidence Nos. 1-3 through 15, and the purport of the entire pleadings.

2. Summary of the parties' arguments

A. The Plaintiff suffered injury due to the instant accident and received hospitalization and outpatient treatment at a hospital from July 16, 2016 to September 10, 2016, and accordingly, sought compensation for damages of KRW 2,00,000,000, out of the medical expenses 2,000,670.

B. The Defendant’s instant accident cannot be deemed to have suffered an injury with the causal relationship with the instant accident, due to a very minor accident.

3. Determination

A. According to the defendant's liability for damages (1) the above macroscopic evidence and evidence Nos. 2, 18-2, and 18, the defendant's vehicle's speed at the time of the accident in this case is not fast, and the degree of the vehicle's damage is not considerably visible, and in relation to the above accident in the investigation process, the National Institute of Scientific Investigation at the National Institute of Scientific Investigation at the time of the accident in this case makes it difficult to move the vehicle between the plaintiff's vehicle during the investigation process, and it seems that the change in the speed of the vehicle in the plaintiff's vehicle seems to be lower than 8 km/h, in light of the fact that the change in the speed of the vehicle in this case appears to be lower than 8 km.

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