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(영문) 서울중앙지방법원 2020.05.22 2019나43759
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the amount ordered to be additionally paid under paragraph (2).

Reasons

1. The reasons for this part of this Court’s liability for damages are as follows: (a) adding “A evidence 17 No. 17-3” to the column for recognition; and (b) the third part of the judgment of the court of first instance “the recognition and limitation of liability” is the same as the corresponding part of the judgment of the court of first instance, and thus, (c) this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. According to the recognition and limitation of liability, the driver of Defendant 1 violated his duty of care to drive safely along the lane and caused a prior accident. After the collision with Defendant 1’s vehicle, the driver of Defendant 2: (a) is highly unlikely that Defendant 1, who stopped on the first lane, could move his vehicle for the management of accident; and (b) is unable to recognize that Defendant 1 would stop on the first lane if all the lights, including the headlight, are cut off; (c) while the driver of Defendant 1’s vehicle stops on the second lane without stopping his vehicle on the side and obstructed the course of the vehicle after stopping the vehicle.

Since the negligence of the Defendants 1 and 2 drivers is the main cause of the instant accident, the insurer of each vehicle and the Defendants, who are mutual aid business operators, are liable for the damages suffered by the Plaintiffs due to the instant accident.

However, according to the evidence evidence Nos. 17-1 and 2 as seen earlier, in a situation where it is impossible to verify the road situation on the front side because there is no new wall 04:00 streetlight, the Plaintiff A, who was driving a road involved in the instant accident, found Defendant 2, who was on the front side of the road while driving the road at the front side of the road, shall take measures to ensure the front side of the road by reducing the speed in advance and properly manipulating the function of the headlight, etc.

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