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(영문) 서울중앙지방법원 2015.04.23 2014나9174
손해배상(자)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 80,292,539 as well as to the plaintiff on June 2007.

Reasons

1. Occurrence of liability for damages;

A. On June 12, 2007, at around 23:00, the basic facts (1) B driven a C vehicle (hereinafter “Defendant’s vehicle”) and driven the alleyway near the Seo-dong Fire Station, Seo-gu, Daejeon (hereinafter “instant accident”), followed the Plaintiff’s bridge part on the right side of the direction (hereinafter “instant accident”), and caused the Plaintiff to suffer injury, such as the Plaintiff’s salt and tension of the bones and verte bones, knee and fele, knee and felling of knee, the right side fel, etc.

(2) From June 13, 2007, the day following the instant accident, the Plaintiff was hospitalized and discharged for two months from the date of hospitalization. However, on April 21, 2010, the Plaintiff was diagnosed as “a multi-purpose pain pain hospital, Type 1, and multi-purpose hospital” at the G University Hospital on April 21, 2010 when he/she was receiving a continued pain treatment.

(3) The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant's vehicle.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, Eul evidence 2 and 3 (including each number, if any) and the purport of the whole pleadings

B. According to the above facts of recognition of liability, the defendant is liable for all damages incurred by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.

C. (1) According to the evidence and the purport of the entire pleadings, the accident site of this case can be recognized as alleyway without distinction between delivery and vehicular road. Thus, pedestrians have a duty to safely walk by examining the progress of the vehicle driven by them, and the plaintiff's negligence is also partly contributed to the occurrence of the accident of this case. In light of road conditions and the circumstances of the accident, the plaintiff's negligence shall be considered as 10%.

(2) If the damage occurs or has been expanded as a result of the competition between the harmful act of limitation of liability caused by the multiple perjury and the harmful act caused by the victim's side, the injured party's physical injury or disease.

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