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(영문) 서울중앙지방법원 2015.07.10 2014나68944
손해배상(자)
Text

1. Of the judgment of the court of first instance, KRW 4,654,283 against the Plaintiff and its related thereto from August 16, 2005 to July 10, 2015.

Reasons

1. Occurrence of liability for damages;

(a)The following facts of recognition may be found either in dispute between the parties or in each description or image of Gap evidence of 1 to 4, and Eul evidence of 1 (including the number with which each number is attached; hereinafter the same shall apply) by taking into account the overall purport of the pleadings:

1) B is the Defendant vehicle at around 15:00 on August 16, 2005 (hereinafter referred to as the “Defendant vehicle”).

2) The Plaintiff’s bicycle, which was driven by the Defendant’s vehicle driving on the front direction at the front direction of the Defendant’s vehicle, led the Plaintiff’s bicycle going on the front direction at the front direction of the Defendant’s vehicle by failing to perform the duty of the front direction and the left and right direction while driving along the intersection of the entrance of the Yananando General Hospital located in the eban-eban-eban-eban-eban-eban-eban-eban-eban-eban-eban-eban-eban-eban-ebi (hereinafter “instant accident”).

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

B. According to the above fact of recognition of liability, the defendant is liable to compensate the damage suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.

C. The limitation of liability: (a) the following circumstances that can be recognized by comprehensively taking account of the purport of the entire arguments on the evidence, namely, the place where the instant accident occurred is an intersection without signal, and the non-protective line section to enter the Unan General Hospital; (b) the vehicle seems to have been entering the left-hand turn to the left-hand hospital through the intersection of the instant case; and (c) the vehicle of the Defendant is deemed to have occurred only after the Defendant’s vehicle almost passed the intersection for U-turn, considering the shock of the Plaintiff’s bicycle on the right-hand side of the vehicle; and (d) considering the speed of bicycle riding, the Defendant’s vehicle is to walk.

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