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(영문) 대전지방법원 2020.09.02 2019가단121121
손해배상(자)
Text

1. The Defendant’s KRW 44,858,971 as well as 5% per annum from January 30, 2019 to September 2, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a mutual aid business entity that entered into a mutual aid agreement with respect to Csi (hereinafter “Defendant vehicle”).

B. D On January 30, 2019, around 15:10, the road in the Seo-gu Seo-gu Daejeon apartment complex was driven by the Defendant, while proceeding in the direction of the above apartment complex, D is the F. E.M.’s U.S. driver’s vehicle driving toward the port from the right side of the Defendant’s vehicle to the port.

(1) The left part of the property was received.

hereinafter referred to as "the accident of this case" and the circumstances of the accident are as shown in the attached Form 1.

3) As a result, the Plaintiff suffered injury, such as the Plaintiff’s abandonment of the left-hand body. [Judgment of the court below] The Plaintiff suffered injury to the Plaintiff’s left-hand body, including the following: (a) the fact that there is no dispute over the grounds for recognition; and (b)

2. Occurrence of liability for damages;

A. According to the above facts of recognition of liability, the plaintiff suffered injury due to the operation of the defendant vehicle, and the defendant, who is the mutual aid business operator of the defendant vehicle, is liable to compensate for the damage suffered by the plaintiff.

B. The limitation of liability, however, according to the images or descriptions of Gap evidence 5, Eul evidence 2-1, 2, and 3, the plaintiff's accident occurred while driving the apartment complex on the road where the defendant's vehicle is located in the ground parking lot room located between the above apartment G Gdong and H Dong (see, e.g., "accident site map"). ② However, the above parking lot is marked on the road in the direction of the vehicle's driving, and the plaintiff's driving on the road is going to go to the direction of the air-conditioning, and the accident of this case occurred. ③ Although the vehicle's driving on the apartment road is required to reduce the speed in the intersection, the plaintiff's driving on the apartment road without reducing the speed. In light of the circumstances of the accident of this case that can be known in the above recognition, the plaintiff's negligence contributed to the occurrence and expansion of damages, taking into account these circumstances.

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