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(영문) 서울중앙지방법원 2020.06.25 2017가단5194343
손해배상(자)
Text

1. The Defendant’s KRW 85,896,934 as well as 5% per annum from May 23, 2015 to June 25, 2020 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) C: (a) around 06:50 on May 23, 2015, 2015 (hereinafter “Defendant vehicle”); (b) D Kaman vehicle

(B) The Plaintiff, while driving his car and driving his car, went away from the lane while driving the Fnaart club distance in the Yongsan-gu, Busan Metropolitan City E, was shocked with the Defendant’s vehicle, who was located in India abutting on the crosswalk (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered injury, such as brain-dead, syke, syke, sykes, sykes, sykes, sykes, sykes, sykes, sykes, sykes, sykes, sykes, and kn

3) The defendant is an insurer who has concluded a comprehensive automobile insurance contract against the defendant vehicle. The defendant is an insurer who has concluded a comprehensive automobile insurance contract. The fact that there is no dispute over the grounds for recognition, entries in Gap evidence 1

B. According to the fact of recognition of liability, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring any special circumstance, 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. The Defendant asserts that there is no causal link with the instant accident, since the Plaintiff’s mental disorder was caused by the Plaintiff’s new boundary disease, such as the spathal spathal of the brain sewage body, etc.

However, the following circumstances acknowledged by the court’s entrustment of physical examination to the G Hospital Head, fact-finding, and the purport of the entire pleadings. At the time of the instant accident, the Plaintiff was unable to recover consciousness for one to two days at the time of the Plaintiff’s injury to his head. The instant accident appears to have been serious in the degree of the accident or the conflict thereof due to a serious accident directly attributable to the Plaintiff, a pedestrian, and the mental health department and appraisal in the instant court’s appraisal process acknowledged the causal link between the instant accident and the Plaintiff’s mental and medical symptoms, while the Plaintiff’s brain sinch and the brain sinsty of the brain, without relating to the mental and medical symptoms.

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