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(영문) 서울중앙지방법원 2021.02.04 2018가단5143014
손해배상(자)
Text

1. The Defendant: (a) KRW 31,561,748; and (b) KRW 1,00,000 to Plaintiff B; and (c) KRW 500,000 to Plaintiff C and D, respectively.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) On January 31, 2018, F driven a G passenger vehicle (hereinafter “Defendant vehicle”) around 01:10, and driven a first-lane of the 251-ro 4-ro in Sungnam-si, Sungnam-si, by changing the course from the four-lane to the one-lane of the Defendant vehicle while entering the front line of the Defendant vehicle (hereinafter “instant accident”). The lower part of the Plaintiff A’s H Hatob, who entered the front line of the Defendant vehicle, was shocked with the front line of the Defendant vehicle (hereinafter “the instant accident”). 2) due to the instant accident, the Plaintiff suffered from the instant accident, such as the Plaintiff’s h obabromatic lebane in the middle of the Defendant vehicle without any address in the open two parts, the open part of the obablibane in the middle of the two parts, and the one with no one in the two parts of the two parts.

3) The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with the Defendant vehicle.

4) Plaintiff B is the spouse of Plaintiff A, and Plaintiff C and D are the children of Plaintiff A.

【Ground of recognition】 The facts without dispute as to Gap, Gap evidence Nos. 1 through 4, 10, 11, Eul evidence No. 1 (including branch numbers), and the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs due to the accident in this case as the insurer of the defendant vehicle, barring special circumstances.

(c)

The limitation of liability, however, in the event that the plaintiff A changes the lane, even though it should have changed the vehicle line in order by examining the progress of the surrounding vehicle in good order, the plaintiff A erred by changing the vehicle line from four lanes to one lane at once, and the plaintiff A's error contributed to the occurrence of the accident in this case and the expansion of the damage. Therefore, in calculating the amount of damages to be compensated by the defendant, the negligence of the plaintiff A shall be considered to be 35% in consideration of the situation where the driver of the vehicle in this case driven in drinking condition, and the defendant's responsibility shall be limited to 65% in consideration of the situation where

2. The scope of the liability shall be below.

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