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(영문) 서울중앙지방법원 2018.11.23 2016가단5302321
손해배상(자)
Text

1. The Defendant’s KRW 53,070,878 as well as the Plaintiff’s annual rate from December 6, 2015 to November 23, 2018.

Reasons

1. Occurrence of liability for damages;

A. On December 6, 2015, B, at around 14:10 on December 6, 2015, B used car (hereinafter “Defendant vehicle”).

) A driver, while driving a vehicle and driving a three-lane road in front of the Seoul Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as “instant accident”) along the front side of the Defendant’s vehicle, driving the three-lane road along the parallel parallel from the front side to the military intersection, with the opposite side of the yellow flock. While the vehicle signal from the front side to the front side was changed from green to yellow light, the front side of the Plaintiff’s Ethtobbba, who entered the intersection and was straight ahead of the front side of the Defendant’s vehicle (hereinafter referred to as “instant accident”).

2) The Plaintiff suffered injury to the lower-class officer of the lower-class left-hand side, the lower-class officer of the lower-class left-off, the lower-class officer of the lower-class side of the Plaintiff, and the Plaintiff incurred injury to the lower-class officer of the lower-class side of the Plaintiff.

3) The Defendant is an insurer who has entered into an automobile comprehensive insurance contract against the Defendant vehicle. The Defendant is an insurer who has entered into an automobile comprehensive insurance contract for the Defendant vehicle. The fact that there is no dispute about the ground for recognition, Gap evidence 2, 3, Eul evidence 4 (including all of the identification cards attached with the serial number, Eul evidence 3, the video of Eul evidence 3

B. According to the fact of recognition of liability, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring special circumstances, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as an insurer of the Defendant’s vehicle.

C. Restrictions on liability, however, the Plaintiff’s error of entering the intersection was unreasonable even when the vehicle signal was changed by yellow color, and thus, the Plaintiff’s error should be considered in calculating the amount of damages that the Defendant would compensate for. However, the driver of the Defendant’s vehicle also considers the Plaintiff’s fault as 25% and limited the Defendant’s liability to 75%.

2. Except as otherwise stated below within the scope of liability for damages, it shall be the same as each corresponding item of the attached Table of Calculation of Compensation Amount, and shall be for the convenience of calculation.

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