(영문) 서울중앙지방법원 2016.11.10 2015가단5060170

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(영문) 서울중앙지방법원 2016.11.10 2015가단5060170

손해배상(자)

Text

1. The Defendant: (a) KRW 19,926,153 to Plaintiff A; and (b) KRW 1,00,000 to Plaintiff B; and (c) each of the said money, from May 28, 2014 to May 2016.

Reasons

1. Occurrence of liability for damages;

A. On May 28, 2014, around 07:30 on May 28, 2014, C driven a DDamben Cargo (hereinafter “Defendant Vehicle”) and went through on the front side of Hyundai Apartment in front of Songpa-gu Seoul, Songpa-gu, and got the bicycle side of Plaintiff A’s driver, who was proceeding along the crosswalk on the left side from the right side of the Defendant’s vehicle, to the left side of the Defendant vehicle. As a result, the Plaintiff sustained the injury, such as the left-hand slotr and the rear vis-man, the rear vis-man, the left-hand vis-man, the left-hand vis-on abandonment.

(2) The defendant is an insurer who entered into an automobile comprehensive insurance contract with respect to the defendant's vehicle, and the plaintiff B is the plaintiff's spouse.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Gap 4, 5 evidence, Eul 1 and 2 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above fact of recognition of liability, the accident of this case occurred due to negligence that the driver of the defendant vehicle neglected his duty of front-time care, and thus the defendant is liable for the damages suffered by the plaintiffs due to the accident of this case as the insurer of the defendant vehicle.

C. The limitation of liability, however, when the plaintiff as a plaintiff A intends to cross the road by using the crosswalk, he/she shall get off his/her bicycle and walk the bicycle, but he/she shall walk the bicycle, and not take into account the safety on the left and right. The above plaintiff A's negligence shall be deemed to have caused the occurrence of the accident in this case and the expansion of damage, so the defendant's liability shall be limited to 80% in consideration of all the circumstances such as the circumstances of the accident in this case.

2. The attached amount of damages, except as otherwise stated below within the scope of liability for damages.

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