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(영문) 서울중앙지방법원 2016.12.23 2015가단5000666
손해배상(자)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 3,428,792, and KRW 3,403,853 to the Plaintiff-Counterclaim Defendant A (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On July 5, 2013, 19:25, the Plaintiff A driven a Drain Vehicle (hereinafter “Plaintiff”) and proceeded to the front-do Do Do 175-do Do 175-do Do Do Do 175-do Do Do Do 175 as the front-do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Gun Do Do Do Do Do Do Do , while driving the front-do Do Do Do Do Do Do Do Do Do Do Do Do , the course of Defendant A Do Do Do Do Do Do Gun Do Do Do Do Do Do Do Do Do Do Do Do 200, the front-hand Do Do

The plaintiff's vehicle was placed in the ditch due to its shock.

(hereinafter “instant accident”). B.

Plaintiff

B is the wife of Plaintiff A, and Plaintiff C is the wife of Plaintiff A, and at the time of the instant accident, was on board the Plaintiff’s vehicle, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with the Defendant.

[Ground of recognition] Facts without dispute, Gap 1, 6 through 11, 22 through 23, Eul 1, 22 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the fact of the occurrence of liability for damages and the recognition of liability, the driver of the Defendant’s vehicle is negligent in neglecting the duty of care to properly operate the steering gear. Thus, the Defendant, the insurer, is liable to compensate for the damages suffered by the Plaintiffs due to the instant accident.

B. The limitation of liability 1, however, according to each of the above evidence, the place where the accident of this case occurred is a one-lane road even though the width of the vehicle is somewhat wide, and it cannot overtake it in a single lane. The plaintiff A is at a safe speed and safe speed by having a signal sent by a horn, etc. according to the situation of the road.

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