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(영문) 서울중앙지방법원 2018.01.12 2016가단96928
손해배상(자)
Text

1. As to the Plaintiff (Counterclaim Defendant) KRW 20,525,824 against the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from November 18, 2017 to January 12, 2018.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. At around 08:40 on September 14, 2015, C parked on the road in front of the Sinsan-si, Eurstom vehicle (hereinafter “Defendant vehicle”) at approximately one meter, and the front gate part of the F Kaz vehicle of the Plaintiff’s driver’s vehicle that was stopped after the Defendant’s end-of-life vehicle (hereinafter “Plaintiff’s vehicle”) was shocked to the left-hand part of the Defendant’s driver’s seat (hereinafter “instant accident”), thereby resulting in the Plaintiff’s injury, such as knee seat and tension.

B. The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap 5, 9 evidence, Eul 1 through 3 (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the main claim

A. 1) According to the above facts, the accident in this case was caused by the driver of the Defendant’s vehicle in violation of the duty of safe driving while driving the Defendant vehicle, and thus, the Defendant, the insurer of the Defendant’s vehicle, is liable to compensate for the Plaintiff’s loss caused by the accident in this case. However, although the Defendant’s failure to take a caution measure such as reporting the repair of the Defendant’s vehicle, it appears that the Plaintiff also did not take a caution measure, and thus, it is limited to 90% of the Defendant’s liability. 2) The Plaintiff asserts that due to the accident in this case, the Plaintiff suffered the injury of the Defendant’s vehicle, which is the right sludge, and the obstacles therefrom.

According to the statement of No. 1 to 6, 11.12, and the result of the court's physical examination of the G Hospital president of this Court, the Plaintiff complained of knee-mae-mae-mae-mae-mae-mae-Ma on the day of the instant accident and applied to H Hospital. At the time, the name of the deceased was damaged by the kne-mae-mae-mae-mae-mae-Ma.

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