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(영문) 서울중앙지방법원 2017.12.22 2015가단5387967
손해배상(자)
Text

1. The Defendant’s KRW 2,00,000 as well as 5% per annum from March 24, 2010 to December 22, 2017 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. At around 09:15 on March 24, 2010, B used a vehicle C (hereinafter “Defendant vehicle”).

) A person driving his/her vehicle and driving his/her vehicle, driving his/her road D located in He/she driving on the water surface of the main apartment bank, driving his/her road into the water surface of the Embane center, and taking the Plaintiff, who was a bicycle on the right side from the left side of the direction of running his/her vehicle to the front part of the Defendant vehicle, and thereby, caused the Plaintiff to suffer injury, such as brain-proof, etc. (hereinafter referred to as “instant accident”).

(2) 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, Gap 1-2, 4, 6, 7 evidence, Eul 1, 2 evidence, the purport of the whole pleadings

B. According to the above facts, the defendant is liable for damages caused by the accident of this case as an insurer who entered into a comprehensive motor vehicle insurance contract with the defendant's vehicle. 2) The defendant asserts that the accident of this case occurred due to the plaintiff's negligence on boarding a bicycle and crossing the crosswalk in pedestrian color signal, and that the driver of the defendant's vehicle could not expect the plaintiff's unauthorized crossing, and that the driver of the defendant's vehicle should not be exempted from liability without any negligence since it could not avoid the accident of this case.

The main text of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that "a person who operates an automobile for his/her own sake shall be liable to compensate for the damage if he/she has killed or injured another person due to the operation of the automobile," and provides that the driver shall not be free from the intention or negligence of the driver. However, in the case of death or injury of a person who is not a passenger, he/she himself/herself has not been negligent in giving due attention to the operation of the automobile, and there is an intention or negligence on the part of a third person other than himself/herself or

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