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(영문) 수원지방법원 2017.06.30 2015나33295
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. The reasoning for this part of this Court’s reasoning is the same as that of the corresponding part of the reasoning of the judgment of the first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

2. Occurrence of and limitation on liability for damages;

A. According to the above basic facts, Defendant 1’s vehicle was negligent in changing its fleet into two lanes on the left side without turning on the direction direction, etc., Defendant 2’s vehicle was negligent in excessively manipulating the steering gear, changing its fleet to one lane rapidly, and resulting in the Plaintiff’s vehicle accident, and thus, Defendant 1’s Korea-style Loss Insurance is the insurer of Defendant 1, and Defendant 2 is liable to compensate for the damages suffered by the Plaintiffs due to the instant accident as the insurer of Defendant 2, respectively.

Although Defendant 2 asserts that the instant accident was caused by Defendant 1’s negligence, in full view of the fact that the instant accident was recognized and the result of the court of first instance’s examination of black image, Defendant 2’s vehicle was negligent in excessively operating the steering gear without properly operating the steering gear, and thus, Defendant 2’s assertion on the above fact of Defendant 1’s damage insurance is rejected.

B. The limitation of liability for damages (Plaintiff A) Meanwhile, as in the case of Defendant 2’s driver, Plaintiff A was at fault with the central line in operating the steering gear without properly operating the steering gear when the instant accident occurred, even though it was possible to avoid the accident or expand the damage by properly operating the steering gear at the time of the instant accident, and the said negligence also seems to have caused the occurrence and expansion of damage caused by the said accident. Therefore, in determining the amount of damage to be compensated for the Plaintiff A, the Defendants’ liability for the Plaintiff A shall be limited to 90% by taking into account the aforementioned circumstances.

3. The plaintiff A.

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