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(영문) 서울중앙지방법원 2017.05.26 2015가단5025634
손해배상(자)
Text

1. The Defendant’s KRW 3,514,078 as well as the Plaintiff’s annual rate from August 17, 2013 to May 26, 2017.

Reasons

1. Occurrence of liability for damages;

A. In fact 1) B, around 05:40 on August 17, 2013, 2013, Csi (hereinafter “Defendant vehicle”).

) A driving of the vehicle along the vehicle and proceeding along the three-lanes of the four-lanes from the wall protection area of the road crossing in front of Gwanak-gu in Seoul Special Metropolitan City, along the direction of the road, the Plaintiff, who dried the crosswalk on the right side of the Defendant vehicle, was shocked from the left side of the vehicle to the front part of the Defendant vehicle (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered injury, such as the Plaintiff’s blood transfusion, the two pelle, the right-hand skele, etc.

3) The Defendant is an insurer which has entered into an automobile comprehensive insurance contract with respect to the Defendant vehicle (the fact that there is no dispute over grounds for recognition, Gap 1, 2, Eul 2, 3 and 5, and the purport of the whole pleadings).

B. 1) According to the above facts, the plaintiff suffered injury due to the operation of the defendant vehicle, barring any special circumstance, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff as the insurer of the defendant vehicle. 2) The defendant asserts that the accident of this case occurred by the plaintiff without permission for pedestrian color signal, and that even though the driver of the defendant vehicle fulfilled his duty of care, the accident of this case was inevitable due to the phenomenon that the driver of the opposite vehicle's vehicle's headlights and the view of the vehicle's headlights are limited by the defendant vehicle's headlight, and thus, the defendant

The main text of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that "a person who operates an automobile for his/her own sake shall be liable to compensate for the damage caused by the operation of the automobile concerned when he/she has killed or injured another person," and provides that the driver shall not be bound to prevent the existence of intention or negligence. However, in the case of death or injury caused by a person who is not a passenger, he/she and his/her driver shall pay attention to the operation

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