(영문) 서울중앙지방법원 2020.04.23 2016가단5263907

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(영문) 서울중앙지방법원 2020.04.23 2016가단5263907

손해배상(자)

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1. The Defendants jointly share KRW 6,65,145 with respect to the Plaintiff as well as the period from October 1, 2019 to April 23, 2020.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) Defendant C’s vehicle D on October 12, 2015 (hereinafter “Defendant vehicle”) around 02:24, 2015

(B) The Plaintiff, while driving a vehicle and driving a one-lane in front of the F convenience point in E in the south-si, was shocked from the driver’s seat in G passenger cars parked on the road (hereinafter “instant accident”) by the chief sentence of the Defendant vehicle (hereinafter “instant accident”).

2) According to the instant accident, the Plaintiff sustained an injury, such as the pipe, net fever, etc. of the shoulder pipe.

3) Defendant B Co., Ltd. (hereinafter “Defendant Company”)

(i) is an insurer who has entered into an automobile comprehensive insurance contract against the Defendant vehicle. 【The ground for recognition, fact that there has not been any dispute, Gap’s evidence No. 3, 5, 7, 8, 22, Eul’s evidence No. 1 (including paper numbers, and the purport of the whole pleadings)

B. According to the above recognition of liability, Defendant C is the driver of the Defendant vehicle, barring any special circumstance, who sustained the injury by the Plaintiff due to the operation of the Defendant vehicle, and the Defendant Company is jointly liable for the damages incurred by the Plaintiff due to the instant accident as the insurer of the Defendant vehicle.

C. The limitation of liability, however, is limited, that the Plaintiff, as the Plaintiff, shall not stop or set off a vehicle on the road, and even in the case of getting off, the driver’s vehicle operation situation should not be easily checked, but at night, the driver’s view of parking on the road at night where the driver’s view is restricted, and the Plaintiff’s error contributed to the occurrence of the instant accident and the expansion of damages. As such, the Defendant’s fault should be considered in calculating the amount of damages to be compensated for this point, and the Defendant’s fault shall be considered as 20% in consideration of the circumstances of driving, and the Defendants’ responsibility shall be limited to 80%.

2. Except as otherwise stated below, the scope of the liability for damages shall be limited.

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