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(영문) 서울중앙지방법원 2016.01.27 2014가단34278
손해배상(자)
Text

1. The Defendant’s KRW 153,00,538 as well as the Plaintiff’s annual rate from January 14, 2013 to January 27, 2016, and the following.

Reasons

1. Occurrence of liability for damages and limitation on liability;

A. (1) On January 14, 2013, the Plaintiff sustained injury, such as damage to light water and labing down, etc., by driving a B-rolling stock (hereinafter the Plaintiff’s vehicle) around 13:50 on January 14, 2013, the Plaintiff was faced with C-Vehicles (hereinafter the Defendant’s vehicle) on the opposite side with the road shut down from the center line under the mountain direction of the modern Lebin-Eup apartment in the Dongdong-gu, Nowon-gu, Seoul-gu, Seoul-do., the Defendant was facing the 1st century senior citizens’ room, and was faced with C-Vehicles (hereinafter the Defendant vehicle).

(2) The defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to the defendant vehicle.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1, 11, 15, and the purport of the whole pleadings

B. The instant accident, based on the responsibility, is attributable to the operation of the Defendant’s vehicle, and the Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident.

C. The limitation of liability: (a) the Plaintiff has a duty of care to drive safely by examining whether there is a vehicle coming from the walk when driving along a road from a one-lane road that is visible length as well; (b) in light of such circumstances, the Defendant’s responsibility is limited to 50% in consideration of such circumstances.

(The defendant asserted the plaintiff's non-use of the safety belt because of the limitation of liability, but the evidence submitted by the defendant alone is insufficient to recognize it as follows.

(1) Determination on the defendant's assertion on the non-use of the safety belt (1) as to the defendant's assertion on the defendant's assertion on the safety belt, if the air bags operate in the state of the defendant's assertion on the safety belt, the safety belt shall operate together, so the air bags shall be unfolded from the visible apparatus, and when the air bags operate without the safety belt, the safety beltt shall be reduced to the visible apparatus.

However, the Plaintiff’s vehicle has tensions without any strings that increase or use the safety level after the instant case.

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