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(영문) 서울중앙지방법원 2016.09.07 2013가단5034788
손해배상(자)
Text

1. The counterclaim Defendant: 72,729,026 won to the counterclaim and 5% per annum from February 27, 201 to September 7, 2016.

Reasons

1. Occurrence of liability for damages;

A. At around 13:30 on February 27, 2011, B: (a) the two-lane roads near the D Hospital located in Gangdong-gu Seoul Metropolitan Government are towing vehicles (hereinafter “Counterclaim Defendant vehicles”).

(2) While driving a vehicle at D Hospital and driving a vehicle at D Hospital along the same one-lane of the said road, the vehicle of the counterclaim Defendant was turned back from D Hospital to the same side of the said road. While the vehicle of the counterclaim Defendant was prohibited from driving a vehicle at D Hospital, the vehicle of the counterclaim Defendant was moving back from D Hospital to one-lane of the road of Yondong Elementary School because the width of the opposite road is narrow compared to the turning-off direction of the vehicle of the counterclaim Defendant, and the opposite direction is difficult to narrow, and thus, the vehicle of the counterclaim Defendant was moving back from D Hospital to the opposite side of D Hospital. However, the counterclaim Plaintiff did not avoid the vehicle of the counterclaim Defendant, while driving the vehicle at the same time with the first lane of the said road, while driving the vehicle at DB Hospital, while driving the vehicle at the same time, caused the accident in which the opposite part between the rear wheels of the vehicle of the counterclaim Defendant and the rear wheels of the vehicle of the counterclaim Defendant. (hereinafter “instant accident”).

A) On March 7, 2011, the Plaintiff was diagnosed to be clinically presumed to be satisfyed with catitis, satisfy, and cerebral satchine at the Fnea, which was subsequent to the instant accident. The approximate developments of the instant accident are as follows (the number indicated in color ③ the number indicated in color ③ the number indicated in the vehicle of the Lessee, the color of the vehicle of the Lessee, and the number indicated in color ①, and ② the vehicle is the Counterclaim Defendant.

2) 2) The counterclaim Defendant is an insurer which has entered into a mutual aid agreement with respect to a vehicle against the counterclaim Defendant.

[Basis] Facts without dispute, Gap's statements or images, Eul's statements or images, Eul's evidence Nos. 1 through 17, 19 (including branch numbers; hereinafter the same shall apply), Eul's statements or images, Eul's statements, 3, 6, 14, 16 through 33, and the purport of the whole pleadings

B. According to the above recognition of the limitation of liability, the instant accident occurred in the place where the U.S. is prohibited from the U.S., leading up to the opposite vehicle.

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