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(영문) 서울서부지방법원 2018.10.25 2016가단219276
손해배상(자)
Text

1. The Defendant paid KRW 12,745,99 to the Plaintiff KRW 5% per annum from September 29, 2014 to October 25, 2018.

Reasons

1. Occurrence of liability for damages;

A. On September 29, 2014, the Plaintiff, while driving a C bargaining vehicle around 12:30 on September 29, 2014, was found to have been left behind the D vehicle that was driven while stopping in the signal atmosphere from the shooting distance at the Dobong-gu Seoul Seoul Cultural High School, Dobong-gu, Seoul, Seoul, and caused the injury of the chill’s salt, tension, etc. (hereinafter “instant accident”).

(2) The Defendant is an insurer that entered into a comprehensive automobile insurance contract with respect to the instant vehicle that caused the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable to compensate the damage suffered by the plaintiff due to the accident of this case as the insurer of the vehicle involved in this case.

In regard to this, the defendant asserts that the causal relationship with the accident of this case is not recognized since the injury alleged by the plaintiff was all spathn.

According to the evidence Nos. 2 and 3, there is no dispute between the parties or according to the plaintiff's 2 and 3, it is acknowledged that the accident in this case is likely to have been caused by each image of Nos. 4-1 and 2 that the vehicle driven after driving the plaintiff's vehicle in the signal atmosphere and it cannot be concluded that the accident in this case was a very minor accident to the extent that the plaintiff was not exposed to any injury. The plaintiff was treated for a considerable period of time due to the accident in this case. Even if the accident in this case is a minor vehicle, it is possible to predict the situation of the passenger's health or shock at the time of the shock, whether it is possible to inflict an injury in accordance with the passenger's attitude at the time of the shock, physical reaction and attitude, and degree of shock absorption of body body, etc., the causal relationship between the accident in this case and the accident in this case can be denied.

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