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(영문) 서울중앙지방법원 2016.10.07 2015가단5281809
손해배상(자)
Text

1. The Defendant: (a) KRW 181,518,306 to the Plaintiff; and (b) 5% per annum from April 16, 2015 to October 7, 2016 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. In fact 1) B, around 04:45 April 16, 2015, the C SP car volume (hereinafter “Defendant vehicle”).

) A driver of the Party, while driving the Party and driving the Party, set the center of the road in the process of discovering the falling down on the front side of the road and avoiding it on the right side while driving about about 347.6 km from the Busan metropolitan road located in the Busan Metropolitan City, Seo-gu, Seo-gu, Seo-gu, Busan Metropolitan City at a speed of about 100 km in the speed of about 100 km away from the front side of the road. (hereinafter “instant accident”).

2) The Plaintiff, who was on the top of the steering force of Defendant vehicle due to the instant accident, sustained injuries, such as 11, 12 chests and 1st century emission frame.

3 The defendant is an insurer who has concluded an insurance contract with respect to the defendant vehicle.

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

B. The limitation of liability had been reached with the pro-Japanese B, and the Plaintiff had a friend and friend in the ceiling. The Plaintiff left the Defendant’s vehicle driving by having the friend and friend in the ceiling B left with the friend and friend in the ceiling.

In light of the overall circumstances revealed in the argument in the instant case, such as the purpose of the operation of the Defendant vehicle, the relationship between the Plaintiff and the driver, and the background leading up to the Plaintiff’s being accompanied by the Defendant vehicle, the reduction of the Defendant’s liability seems to be reasonable in light of the good faith and the principle of equity, and such circumstances are considered in calculating the amount of damages the Defendant is reasonable to deem that the ratio exceeds 10%, and thus, the scope of the Defendant’

The defendant, as the plaintiff who was accompanied by the defendant's vehicle, has a duty to urge the driver B to drive the expressway at night, but the accident of this case occurred due to the failure to properly perform this duty. Thus, in calculating the amount of damages to be paid by the defendant.

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