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(영문) 서울중앙지방법원 2016.09.30 2015가단45510
손해배상(자)
Text

1. The Defendant: (a) KRW 5,016,300 to Plaintiff A; and (b) KRW 7,368,700 to Plaintiff B; and (c) each of the said money to Plaintiff B, from October 20, 2014 to June 20, 2016.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C is a D car at around 14:30 on October 20, 2014 (hereinafter “Defendant vehicle”).

ii) By the negligence that the plaintiff A, who driven a vehicle and proceeded to the left at the intersection without a signal, etc. in Kim Jong-si-si-dong, proceeded to the left by using a first-lane road from the front side of the front side to the front side, and failed to properly perform the duty of safe driving such as reducing the speed and operating the steering direction and the operation of the brakes, etc., while driving the vehicle at the front side, the F UM125 Qu Roba (hereinafter referred to as "the plaintiff vehicle") operated by the plaintiff A, who driven to the left before the front side.

(3) The lower part of the right side part of the Defendant’s vehicle was received as the front part of the left side of the Defendant’s vehicle, and exceeded the Plaintiff’s vehicle, thereby causing injury to the Plaintiff, such as the left side 5 and 6 cage cage cages, etc., and the Plaintiff B, who was accompanied by the Plaintiff’s vehicle, suffered injury (hereinafter “instant accident”).

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground for Recognition: Unsatisfy, Gap evidence 1, 3, 4, 11, 12

(2) The grounds of appeal No. 1

B. According to the above fact of recognition of liability, the plaintiffs sustained injury due to the accident of this case, and the defendant, the insurer of the defendant vehicle, is liable for the damages suffered by the plaintiffs due to the accident of this case.

C. There is no reason to limit the Defendant’s liability in this case where C unilaterally concealed the back portion of the Plaintiff’s vehicle prior to the front of the Plaintiff’s vehicle in the intersection (Article 22(3) of the Road Traffic Act) where the overtaking is prohibited.

2. In addition to the matters stated below within the scope of liability for damages, it is identical to each corresponding item in the separate list of damages calculation, and the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1.

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