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(영문) 서울중앙지방법원 2016.01.15 2014나38073
손해배상(자)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Occurrence of liability for damages;

(a) The facts of recognition 1) D is the vehicle E (hereinafter referred to as the Defendant vehicle) with one-lane road bended at the front direction of the Hando-ro Do-ro, the Hando-ro, the Hando-ro, the Hando-ro, the Hando-ro, the Gyeongdo-ro, the Hando-ro, the Gyeongdo-ro, the Hando-ro, the

2) The Plaintiff, while driving the Plaintiff and driving the Plaintiff and driving the Plaintiff into a mountain salvble plane located in the mouth of the river, was faced with the front right part of the Plaintiff’s driving, and was faced with injury, such as brain, dyna’s damage, dyna’s damage, dyke, dyke-up, heavy water dyke, etc. (hereinafter “instant accident”).

(2) The Defendant is an insurer that entered into a comprehensive automobile insurance contract with D with respect to the Defendant vehicle.

B. According to the fact of recognition of liability, the defendant, who is the insurer of the defendant vehicle, is liable for damages incurred by the plaintiff due to the accident of this case.

C. The Defendant asserts that, in calculating the amount of damages to be compensated by the Defendant, the negligence of the Plaintiff should be considered in calculating the amount of damages, since the Plaintiff’s operation of the Otoba and the Plaintiff’s operation of the Otoba by towing the front section and operating Otoba in even if it is possible to prevent the accident.

The driver of a motor vehicle who operates a road along which the central line for scambling is installed along his/her own lane is trusting the driver of a motor vehicle coming from the main lane to keep his/her lane. Thus, in the roadway where the central line is installed, where a collision accident occurred due to the other motor vehicle scambling the central line, the driver of the damaged motor vehicle could have predicted the abnormal operation of the other motor vehicle, unless there are special circumstances that the driver of the damaged motor vehicle could have predicted it.

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