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(영문) 서울동부지방법원 2020.07.24 2019가단122418
손해배상(기)
Text

On October 7, 2018, the plaintiff shall pay to the defendant the traffic accident occurred in Jung-gu Seoul Metropolitan Government D around 19:40.

Reasons

1. Occurrence of liability for damages;

A. In fact, K I GH 1) The Plaintiff is a passenger car E around 19:04 on October 7, 2018 (hereinafter “Plaintiff vehicle”).

)A J Ham-rober vehicle (hereinafter referred to as “Defendant vehicle”) driven by the Defendant running from the International Apartment side to the port line while driving the front road of the G pharmacy in the F in Jung-gu, Seoul to the International Apartment from H Park.

2) On the left side of the Plaintiff’s vehicle, the left side of the Defendant’s vehicle was shocked (hereinafter “instant letter”).

(2) The Defendant suffered from the injury of the scopical base, the scopical base, and the scopic base due to the instant accident.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

B. According to the above recognition and scope of liability, the Plaintiff was injured by the Defendant due to the operation of the Plaintiff’s vehicle, and thus, barring any special circumstance, the Plaintiff is liable to compensate the Defendant for the damages caused by the instant accident as the operator of the Plaintiff’s vehicle

C. The limitation of liability was limited, however, that the vehicle was parked on the right side of the vehicle and the two vehicles could cross the vehicle behind the parking vehicle, and the defendant testified that the vehicle of the plaintiff was stopped and resumed while driving again, the defendant, who is relatively wide, should have been negligent in performing his duty of care to avoid collision, such as giving the order of priority to the vehicle of the plaintiff, or passing along the vehicle with the plaintiff, even if he intends to drive the vehicle with the plaintiff, he was negligent in driving the vehicle of this case. Thus, the defendant's fault should be considered in calculating the amount of damages that the plaintiff should compensate, but the defendant's fault shall be considered as 40% and the defendant's responsibility shall be limited to 60%.

2. Scope of liability for damages.

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