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(영문) 부산지방법원 2020.04.28 2019가단338546
손해배상(자)
Text

1. The Defendants jointly share KRW 7,226,00 with respect to the Plaintiff and KRW 5% per annum from October 18, 2019 to April 28, 2020.

Reasons

1. Facts of recognition;

A. At around 15:00 on September 19, 2019, the Plaintiff driven the E-to-land owned by it (hereinafter “Plaintiff”) and proceeded to the E-to-land intersection from the Sick Road where the central line of the point of view located near G hot spring point located in the Busan East-gu is installed. On the other hand, the Plaintiff proceeded to the opposite vehicle beyond the central line for overtaking the front vehicle, and even in the front part of the Plaintiff’s vehicle, the part on the left side of Defendant D Driving’s H car (hereinafter “Defendant”), which was proceeding beyond the central line for overtaking the front vehicle, was shocked by the Plaintiff’s vehicle.

(hereinafter “instant accident”). B.

As a result of the instant accident, the Plaintiff’s vehicle was destroyed to the extent that the repair cost of KRW 36,130,000 was required.

C. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is an insurer who entered into a liability insurance contract that constitutes a liability insurance contract that constitutes a limit of 20,000,000 for the Defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, 5, Eul evidence or part of Eul evidence Nos. 4-1, 4-2, and 5, the purport of the whole pleadings

2. According to the above recognition of the occurrence and scope of liability, the accident of this case occurred by the negligence of Defendant D, who violated the duty of care to drive while driving ahead of the front vehicle on the road where the center line is occupied, and the negligence of Defendant D, who violated the duty of care to drive while driving the Plaintiff vehicle for overtaking the front vehicle.

The ratio of liability is that of the plaintiff: defendant D = 8: it is reasonable to determine as 2.

Therefore, the Defendant Company, the liability insurer for Defendant D and the Defendant Company, is jointly and severally liable to compensate the Plaintiff for damages arising from the instant accident within the scope of negligence.

Furthermore, due to the instant accident, KRW 36,130,00 is required for the repair cost of the Plaintiff’s vehicle. As seen earlier, the Defendants jointly share the Plaintiff with KRW 7,226,00 = 7,226,00.

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