logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.09 2016가단143893
손해배상(자)
Text

1. The Defendant: (a) KRW 179,338,734; and (b) KRW 184,485,146 to Plaintiff B; and (c) from April 30, 2016 to November 2018.

Reasons

1. Occurrence of liability for damages;

A. 1) D D D D D D D D D dump trucks from the two lanes of the 10-lane 4 lanes located in the 110-lane dong-si, dong-si, dong-si, B, on April 30, 2016 (hereinafter referred to as “Defendant vehicle”).

2) While driving a vehicle, the Plaintiff was trying to change the vehicle as soon as possible without expressing the front and rear left. 2) The Plaintiff was trying to get the Plaintiff B, his spouse, and drive the F vehicle at the first lane of the said road, while driving the vehicle, and having the Defendant’s vehicle seeking to change the vehicle as above, and received the central separation zone of the said road.

(3) Due to the instant accident, the Plaintiff A suffered injury, such as the sobamination of unstable emissions on the part of the Defendant, and the Plaintiff B suffered injury due to the unstable emissions of chests. 4) The Defendant is an insurer who concluded an insurance contract with respect to the Defendant’s vehicle.

B. According to the above facts, the plaintiffs suffered bodily injury due to the operation of the defendant vehicle, barring special circumstances, the defendant is liable to compensate the damages suffered by the plaintiffs due to the accident of this case as the insurer of the defendant vehicle.

C. Limit of liability: (a) Plaintiff A was negligent in performing the duty of care to prevent an accident by viewing the front bank and properly operating the brake and steering gear; (b) led to the centralized separation zone while avoiding Defendant A’s vehicle.

The negligence of the Plaintiff A has contributed significantly to the occurrence of the instant accident and the expansion of damages, and thus, it shall be taken into account. However, in light of various circumstances shown in the pleadings, the Plaintiffs’ negligence shall be deemed 10% and the Defendant’s liability shall be limited to 90%.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 3, 4, 5, the purport of the whole pleadings

2. The scope of the liability for damages against the plaintiff A is as follows, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but less than the last month and less than KRW 1 shall be discarded.

arrow