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(영문) 서울중앙지방법원 2019.08.21 2016가단5025990
손해배상(자)
Text

1. The defendant shall pay to the plaintiff KRW 43,00,000 as well as 5% per annum from October 23, 2014 to August 21, 2019, and the next day.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C is as follows: (a) A passenger car around October 23, 2014 (hereinafter “Defendant vehicle”) around 22:20:20.

ii)A G Driving car (hereinafter referred to as “Plaintiff”) operated in the direction of F in violation of the vehicle signal while driving in the vicinity of the tri-ri underground streets in the budget of the Chungcheongnam-gun in the budget of the Chungcheongnam-gun, and driving in the direction of F in the direction of E, while driving in the direction of E in accordance with the vehicle signal from the budget to E;

) The front part of the Defendant’s vehicle was shocked with the front part of the vehicle (hereinafter “instant accident”).

2) The Plaintiff, who was on the top of the Plaintiff’s seat, was injured by the Plaintiff’s injury, such as the Plaintiff’s euthantic chromatic chromosome, damage to the extension of credit, and the left-hand guromatic typology, the lower-hand typology, and the lower-hand typosis.

3) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant vehicle. According to the fact that the Plaintiff was injured due to the operation of the Defendant vehicle, barring any special circumstance, the Defendant is liable to compensate for the Plaintiff’s damage caused by the instant accident as an insurer of the Defendant vehicle. Meanwhile, the Defendant asserts that the Plaintiff did not wear the safety level at the time of the instant accident in light of the Plaintiff’s damage to the right side glass on the Plaintiff’s board and the Plaintiff suffered multiple-explosion, and thus, it is deemed that the Plaintiff did not wear the safety mark at the time of the instant accident. However, it is difficult to conclude that the Plaintiff did not wear the safety mark at the time of the instant accident, and there is no other evidence to support this, the Defendant’s above assertion is not acceptable. 【The fact that there is no ground for recognition, the entries and pictures of evidence No. 1, 2, and 3, and the purport of the entire pleadings, as a whole, the purport

2. The damages calculation table (attached Form 1), except as otherwise stated below within the scope of the liability for damages.

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