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(영문) 서울동부지방법원 2020.05.29 2019나25747
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. Occurrence of liability for damages;

A. On February 20, 2016, at around 22:15, at the vicinity of Gangdong-gu Seoul Metropolitan Government, C was diagnosed in terms of the blood alcohol concentration of 0.112%, and was driving a motor vehicle in the Spoty area, while driving the motor vehicle into one-way traffic route while without signal, and the driving distance without signal, the front part of the vehicle, which led to shocking the chief part of the plaintiff driver's horse driving, who is superior from the moving direction (hereinafter referred to as "the accident in this case"). The accident in this case, the plaintiff was diagnosed in the light, the 5th century, the 5th century-1,000 square meters-1,000 won at the repair cost of the vehicle (hereinafter referred to as "the injury in this case"), and the fact that the defendant, as a result of the conclusion of the comprehensive car driving insurance contract, did not dispute between the parties, or as a result, found the purport of the entire appraisal of Gap's body evidence No. 12, as the result of Gap's appraisal. 12.

B. According to the above facts of recognition of liability, C breached its duty of care to avoid the accident by complying with road traffic methods and driving a car, etc., which led to the instant accident and the occurrence of damage.

Therefore, the defendant, who is the insurer of the above car, is liable to compensate for the damages suffered by the plaintiff due to the accident of this case.

C. The limitation of liability, however, is reasonable to limit the Defendant’s liability to 90% by taking into account the circumstances surrounding the instant accident or the various circumstances revealed in the argument of the instant case, such as the fact that the Plaintiff appears to have been sufficiently able to prevent the accident due to the Plaintiff’s failure to perform his/her duty to prevent the occurrence of the accident due to his/her well-influence, etc.

2. Scope of liability for damages

A. The Plaintiff’s total monetary amount on the capacity to operate the lost accident of this case.

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