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(영문) 대전지방법원논산지원 2019.07.18 2018가단22247
손해배상(자)
Text

1. The Defendant’s KRW 40,257,00 for the Plaintiff and KRW 5% per annum from July 30, 2018 to July 18, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of CF transport tank C (hereinafter “Plaintiff”) and the Defendant is an insurance company that entered into a motor vehicle insurance contract for DIst and other motor vehicles (hereinafter “Defendant vehicle”).

B. Around 14:00 on July 30, 2018, Nonparty E, while driving the Plaintiff’s instant vehicle, was driving along the four-lane road in front of the Suwon-si, Suwon-si, Suwon-si along the four-lanes of the front of the road from the boundary of the sexual ruptures. However, there was an accident in which the Defendant’s vehicle, while entering the four-lane road and entering the intersection and driving the four-lanes of the vehicle, and the two-lanes of the Plaintiff’s driver’s seat in front of the driver’s seat and the right side of the Defendant vehicle (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4-1 to 6, video, the purport of the whole pleadings

2. Determination

A. According to the fact that the Defendant, the insurer of the Defendant’s vehicle, is liable for damages incurred to the Plaintiff, the owner of the Plaintiff’s vehicle, due to the instant accident.

B. In light of the following: (a) the limitation of liability is examined; (b) the Defendant’s vehicle is proceeding a two-lanes in the four-lanes and appears to cause the instant accident to change course again; (c) the time of the instant accident was low; (d) the change of the vehicle was intended to change the vehicle; (e) the distance from the vehicle with other lanes; (e) the passage of the vehicle; and (e) the passage interference; and (e) the failure to comply with the duty of care to prevent the collision with other vehicles; and (e) the circumstance and shock level of the instant accident should be considered as 90%, in full view of the following factors: (a) the Defendant’s vehicle involved in the instant accident was negligent in the instant accident.

(c) Vehicle repair expenses, such as one vehicle repair expenses within the scope of compensation for damage: 16,90.

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