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(영문) 서울서부지방법원 2019.09.24 2018가단221150
손해배상(자)
Text

1. The Defendant’s KRW 31,665,434 as well as 5% per annum from April 29, 2017 to September 24, 2019, respectively, to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. At around 01:02, April 29, 2017, C: (a) D Intiti G35S vehicle (hereinafter “Defendant vehicle”)

)을 운전하여 서울 용산구 E 앞 강변북로 편도 4차로 중 3차로를 구리방면으로 진행하다가 1차로로 급차로 변경을 하면서 같은 방향 2차로를 주행 중이던 F 운전의 G 쏘나타 승용차량의 좌측면을 피고차량 앞 범퍼 우측부분으로 충격하고 튕겨져 나가 1차로 좌측 가드레일을 충격하는 사고가 발생하였다(이하 ‘이 사건 사고’라 한다

2) At the time of the instant accident, the Plaintiff, after the Defendant’s driver’s seat, was accompanied by H, and H respectively. The Plaintiff suffered injury, such as brain-dead sugar, snow grass, and open wound around snow due to the instant accident.

3) The Defendant is an insurer which has concluded a comprehensive automobile insurance contract with respect to the Defendant vehicle (the fact that there is no dispute over grounds for recognition, the entries in Gap evidence 1-1, 2, and Gap evidence 2, and the purport of the whole pleadings.

B. According to the above recognition of liability, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as the insurer of the Defendant’s vehicle, barring any special circumstance, since the Plaintiff was injured by the operation of the Defendant’s vehicle.

C. The limitation of liability: (a) the following circumstances revealed by the respective descriptions of evidence Nos. 2 through 10 (including each number), or by the purport of the entire film and pleading of evidence Nos. 2 through 10 (including each number), i.e., C, the driver of the Defendant vehicle, and the Plaintiff and H, both of whom, at the time of the instant accident, were known to the members of the Automobile D'K, an Internet I and J Group Group Group; (b) appears to have been accompanied for the purpose of the automobile D's hub at the time of the instant accident; and (c) at the time of the instant accident, C was driving more than 80 km speed per hour with the speed limit of 80 km, and there was a high risk of the instant accident, such as changing the lane. Therefore, the Plaintiff

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