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(영문) 서울남부지방법원 2017.07.20 2015가단218765
손해배상(자)
Text

1. The Defendant’s succeeding intervenor amounting to KRW 40,163,508 as well as 5% per annum from March 23, 2014 to July 20, 2017.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) B are as follows: (a) around 06:15, March 23, 2014; (b) C-A-Wed Vehicles (hereinafter “Defendant Vehicles”).

) A driving of the Plaintiff and driving the two-lanes of the two-lanes in front of 269, as Seoul Yangcheon-gu Seoul National Assembly, followed the part of the Plaintiff’s bicycle rear wheels, which was going forward in the same direction, by the Defendant (hereinafter “instant accident”).

). 2) 이 사건 사고로 인하여 원고는 두개골 골절, 무릎뼈 골절 등의 상해를 입었다.

3) The Defendant is an insurer who entered into an insurance contract with respect to the Defendant’s vehicle. On May 27, 2015, the Defendant’s succeeding intervenor succeeded to the rights and obligations under the above insurance contract pursuant to Article 146(1) of the Insurance Business Act. B) According to the fact of recognition of liability, the Defendant’s succeeding intervenor is liable for compensating the Plaintiff for damages arising from the instant accident as the insurer of the Defendant’s vehicle (the Defendant is not liable to the Defendant’s succeeding intervenor by transferring his status under the insurance contract to the Defendant’s succeeding intervenor). (c) However, the limitation of liability is limited: (a) if the Plaintiff drives a bicycle, he shall pass along the right-side edge of the road and wear a safety cap (Article 13-2(2) of the Road Traffic Act) to prevent the occurrence and expansion of the accident by wearing a safety cap, but the Plaintiff’s negligence was due to the occurrence and expansion of the instant accident; and (b) the Plaintiff’s fault is deemed to be 20% of the Plaintiff’s fault, and there was no other evidence that the Plaintiff’s succeeding’s fault.

. [Facts 1, 2, 11, and 12 without dispute, as to the basis of recognition, A.

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