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(영문) 수원지방법원 안산지원 2017.02.14 2014가단114749
손해배상(자)
Text

1. The Defendant: KRW 59,681,429 for the Plaintiff and KRW 5% per annum from December 31, 2014 to February 14, 2017; and

Reasons

1. Occurrence of liability for damages;

A. On August 17, 2013, B: (a) C Freight A (hereinafter “Defendant Vehicle”) around 3:50 on August 17, 2013.

) A driver drive and drive a two-lane at a point of 283.8 km Seoul Coastal Expressway, along the two-lanes, along the two-lanes, along the other two-lanes, and drive a roadside, while driving on the other three-lanes of the above three-lane, the E-motor vehicle driven by D driving ahead of the Defendant’s vehicle (hereinafter referred to as “onboard vehicle”).

(2) The Plaintiff was driving a Fcompon vehicle after the occurrence of the preceding accident and driving the three-lanes of the said road after the occurrence of the preceding accident, and was driving the said three-lanes of the said road due to the preceding accident, and concealed the Defendant’s vehicle standing the two and three-lanes of the said road (hereinafter “the instant accident”).

The Plaintiff suffered injuries, such as infinite heat, the right-hand lag lag, etc., due to the instant accident.

3) The Defendant is an insurer who has entered into an automobile comprehensive insurance contract with respect to the Defendant vehicle. [The fact that there is no dispute over grounds for recognition, entries in Gap evidence 2 through 6, and the purport of the whole pleadings.]

B. According to the above fact of recognition of liability, B was negligent in driving a vehicle on an expressway at night due to the negligence that caused the preceding accident while driving the vehicle on the expressway and thus stopping the vehicle on the expressway. Since the accident in this case occurred due to the negligence in B, the Defendant, the insurer of B, is liable to compensate for the damages suffered by the Plaintiff due to the accident in this case.

C. However, the limitation of liability is limited to 50% of the damage caused by the instant accident, taking into account all the circumstances revealed in the instant case, such as the fact that, at the time of the instant accident, the Plaintiff, as well as the Plaintiff, was negligent in driving a vehicle on an expressway at night due to a prior accident, neglecting to give up the vehicle at night, making it difficult to avoid any other collision.

2. In addition to the matters stated below within the scope of liability for damages, it is equivalent to each corresponding item of the following calculation table, and is cost for the convenience of calculation.

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