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(영문) 인천지방법원부천지원 2020.11.24 2019가단14532
손해배상(자)
Text

1. The Defendant’s KRW 15,132,902 with respect to the Plaintiff and KRW 5% per annum from October 23, 2017 to November 24, 2020.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C is a D Lastren vehicle (hereinafter “Defendant vehicle”) around October 23, 2017 around 22:10 on October 23, 2017.

) A driver of the vehicle and driving the vehicle in accordance with the way to the front of the house located in Busan City F in the direction of Busan City, as shown in the attached Form, and the plaintiff who was on the right side of the road while making the left turn at the front of the G house in Busan City (hereinafter referred to as the “instant accident”).

2) At the time of the instant accident, the Plaintiff suffered bodily injury, such as the mouths on both sides, the mouths of the lower mouths, and the structural frame of the front mouths, which require approximately twelve weeks of care due to the instant accident, as a woman of 70 years of age at the time of the instant accident.

3) The Defendant, as an insurer who entered into a comprehensive automobile insurance contract with the Defendant as an insurable vehicle, was liable for damages arising in the course of the operation of the Defendant vehicle as an insurer who entered into an insurance contract with C. [Grounds for recognition], the fact that there is no dispute, the evidence Nos. 1, 2, 11, 15, 16 (each of the entries and images, including

B. Ground for liability

Comprehensively taking account of the facts acknowledged in this paragraph, C, who is engaged in the driving of the Defendant vehicle, caused the instant accident by neglecting the above duty of care and shocking the Plaintiff who was on the right side of the Defendant vehicle due to negligence while driving the Defendant vehicle, despite the fact that C had a duty of care to verify the safety of the course and to verify whether there was a pedestrian in the surrounding area by properly examining the front side and the left-hand turn while driving the Defendant vehicle.

Therefore, barring special circumstances, the defendant, who is the insurer of the defendant vehicle, is liable to compensate the plaintiff for the damages incurred by the accident in this case.

C. Each evidence cited prior to the limitation of liability and each statement in Gap evidence 10-5, Eul 1, 2, 4, and 5 (including each number), if the purport of the entire pleadings is added, the accident in this case is not divided into vehicular road and sidewalk at night where it is difficult to secure the view.

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