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(영문) 서울중앙지방법원 2020.09.24 2019가단5016294
손해배상(자)
Text

1. The Defendant’s KRW 113,447,477 as well as 5% per annum from November 29, 2018 to September 24, 2020 as to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C is a D-si vehicle around November 29, 2018 (hereinafter “Defendant vehicle”). D-si around 23:00 on November 29, 2018

) A driver of Seocho-gu, Seoul, while driving a two-lanes in the fourth lane of Seocho-gu, and driving a bus-only lane in violation of the signal to turn to the left, conflict with a bus driving along the bus-only lane, and due to the shock, the front part of the Plaintiff’s driver’s vehicle driving the opposite direction going to the right side of the Defendant’s vehicle, driving the road going to the opposite direction beyond the opposite direction, was shocked into the front part of the Defendant’s vehicle, and the vehicle of the Plaintiff’s driver was shocked with the front part of the Defendant’s vehicle’s front part of the road driving the opposite direction (hereinafter “instant accident”).

). 2) 이 사건 사고로 인하여 원고는 무릎뼈의 골절(폐쇄성), 내측 반달연골의 찢김(외상성), 외측측부인대의 염좌, 폐쇄성 경골 내측관절돌기 골절, 후십자인대의 파열, 전십자인대의 파열, 척골 폐쇄성 골절 등의 부상을 입었다.

3) The defendant is a mutual aid business operator who has entered into a mutual aid agreement with the defendant's vehicle. 【Ground of recognition' has no dispute, Gap's 1 to 3, 8, Eul's 2 and 3 (each entry, including each number, and the purport of the whole pleadings)

B. According to the above fact of recognition of liability, the plaintiff sustained an injury due to the operation of the defendant vehicle, barring special circumstances, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as the mutual aid business operator of the defendant vehicle.

C. The Defendant’s limitation of liability was examined in the report of the Plaintiff’s accident on the wearing of the safety belt, and the Plaintiff was presumed not to wear the safety belt at the time of the accident in light of the part of the Plaintiff’s injury, and the Defendant’s fault should be considered in calculating the amount of damages to be compensated by the Defendant. However, the Plaintiff’s assertion alone did not wear the safety belt at the time of the accident.

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