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(영문) 서울중앙지방법원 2020.11.12 2020가단5093136
손해배상(기)
Text

1. The Defendant’s KRW 546,561,566 as well as 5% per annum from August 18, 2017 to November 12, 2020 as to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. At around 00:56, August 18, 2017, C: (a) D Cargo Vehicles (hereinafter “Defendant Vehicles”)

(B) The Plaintiff’s driver, while driving his vehicle and making a left-hand turn to the yellow signal at the 127 S-distance Intersection as the direction of the direction of the proceeding at the right-way (hereinafter “instant accident”) shocked the error of the Plaintiff’s driver, who was directly engaged in the green signal in the direction of the proceeding at the opposite lane.

2) Due to the instant accident, the Plaintiff suffered from injury, such as the injury of external wound, friencing brutal brutosis, fladial brutivity, pulmonary fladial fladial fladial fladial fladial fladial fladial fladial fladial fladial fladial fladial fladial fladial fladial fladial fladial fladial fladial fladial fladial fladial flads

3) The defendant is an insurer who has entered into an automobile comprehensive insurance contract against the defendant vehicle. The defendant is an insurer who has entered into an automobile comprehensive insurance contract. The fact that there is no dispute about the ground for recognition, Gap evidence 1, 2, and 10 (including paper numbers, and the purport

B. According to the fact of recognition of liability, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring any special circumstance, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as an insurer of the Defendant’s vehicle.

C. The limitation of liability, however, in the case of the plaintiff's entry into an intersection, there was an error in failing to have entered the other vehicle's proceeding or surrounding circumstances, even though it had been sufficiently examined, and the plaintiff's error contributed to the occurrence of the accident of this case and the expansion of damages. Therefore, it shall be taken into account in calculating the amount of damages that the defendant would compensate for. However, although the plaintiff driving a 400cc engine displacement in the state of non-acquisition of a small license of 2 Article 2, while holding a license for a motorcycle and a Class 1 ordinary driver's license for a motorcycle, the accident of this case occurred at night.

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