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(영문) 서울중앙지방법원 2018.08.31 2015가단5348603
손해배상(자)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 117,200 to the Plaintiff (Counterclaim Defendant) and its related amount from December 5, 2013 to August 31, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 5, 2013: (a) around 00:30 minutes, B driven a Cpoter II cargo vehicle (hereinafter “Defendant vehicle”) at a speed of about 25.3 km in speed from the intersection to the right side of the Defendant vehicle in front of Jongno-gu Office, Jongno-gu, Seoul Metropolitan Government, along the two-lanes of “T” road crossing at the speed of 216-lanes in front of the transport of Jongno-gu, Jongno-gu, Seoul Metropolitan Government Transporting the two-lanes of the “T” road at the speed of 25.3km from the intersection to the right side of the Defendant vehicle.

(hereinafter “instant accident”). B.

As a result of the instant accident, the Plaintiff suffered injury, such as blood cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral le

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

From the instant accident to September 21, 2017, the Defendant paid the Plaintiff KRW 18,991,350 in total as medical expenses several times.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-3 (including virtual number), Eul evidence Nos. 1, 3, 4, the purport of the whole pleadings

2. The parties' assertion

A. The accident of this case, which caused the plaintiff's main claim, is caused by the defendant's vehicle operator's failure to follow the right side of the road in advance and bypassing it to the right side of the road, so the defendant is liable to compensate for the damages suffered by the plaintiff as the insurer of the defendant's vehicle.

B. The instant accident, which caused the Defendant’s counterclaim, was caused by the Plaintiff’s failure to play the center on the sidewalk and going beyond the roadway, and the distance from which the Defendant’s driver can be recognized as going beyond the Plaintiff, is 0.625 seconds from the point of the accident, before 3.5 meters from the point of the accident, and between the end of the accident. In general, in light of the driver’s recognition response time, the Defendant’s driver could not avoid the instant accident, and thus, the Defendant’s driver should be exempted from liability, as

Therefore, the defendant.

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