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(영문) 의정부지방법원 2018.09.20 2015가단16545
손해배상(자)
Text

1. The defendant,

A. As to Plaintiff A’s KRW 62,241,245 and its KRW 15,00,000 among them, May 13, 2013.

Reasons

1. Facts of recognition;

A. At around 21:45 on May 13, 2013, Plaintiff A driven the Plaintiff’s vehicle in the G car (hereinafter “Plaintiff”) with the Plaintiff’s spouse, and driven the Plaintiff’s vehicle depending on one lane among the three-lane roads in the front of the Songcheon-gu, Ho-gu, Ho-gu, Ho-si (hereinafter “Defendant”) which was parked in the three-lane, while the Plaintiff driven the Plaintiff’s vehicle in the direction of the Gap’s spouse, and driven the Plaintiff’s H driver’s I truck (hereinafter “Defendant’s vehicle”) standing in the three-lane direction.

(hereinafter “instant accident”). B.

As a result of the instant accident, Plaintiff A suffered from injuries, such as the Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madern Madne,

C. Plaintiff C and D are the parents of Defendant A, and Plaintiff E and F are the parents of Plaintiff B.

The defendant is a mutual aid business operator who has entered into a mutual aid contract for the defendant vehicle.

【Ground of recognition】 The fact that there is no dispute, entry in Gap’s evidence Nos. 1, 4, 5, 6, 8, 9, and 14 (including each number), the video of Gap’s evidence No. 15, the purport of the whole pleadings

2. Determination as to the plaintiff A and B's claims

A. According to the above recognition of the occurrence of the liability for damages, the Defendant is liable for compensating the damages suffered by the Plaintiff A and B due to the instant accident as the mutual aid business operator of the Defendant’s vehicle, barring any special circumstance.

In this regard, the defendant asserts that the defendant's liability should be limited, since the negligence of the plaintiff A's failure to perform his/her duty in front of the incident contributed to the occurrence of the accident.

However, in light of the following circumstances acknowledged by adding up the descriptions of evidence Nos. 4 and 14 and the images of evidence No. 15, the possibility of avoiding the instant accident to Plaintiff A.

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