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(영문) 의정부지방법원 2017.08.09 2016가단18814
손해배상(자)
Text

1. The Defendants jointly share KRW 42,689,620 with respect to the Plaintiff and the period from May 18, 2017 to August 9, 2017.

Reasons

1. Establishment of liability for damages;

A. The fact of recognition was that the Plaintiff was under the signal signal given to the suspension signal, etc. at the front of the offset intersection, while driving a Hasta Private Taxi (hereinafter “instant vehicle”) with the road front of the Nowon-gu, Seoul Special Metropolitan City Nowon-gu, Nowon-gu, 586 Nowon-gu, on March 11, 2016, in front of the 586 Nohwon High School at the direction of the vacation.

At this time, Defendant B driven a D Sti-type car (hereinafter “Ap-type car”) while under the influence of alcohol 0.175%, and discovered that the instant automobile is in the atmosphere of the transmission, and failed to properly operate the brakes at the front section, and led Defendant B to the rearer of the instant vehicle driving by Defendant B.

(hereinafter “instant accident.” The Plaintiff suffered injury, such as spawn franchising, which requires approximately four weeks’ medical treatment due to the instant accident.

Defendant K non-life insurance Co., Ltd. (hereinafter “Defendant K non-life insurance”) is an insurer who has concluded a comprehensive automobile insurance contract with respect to the foregoing vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2-12, Eul evidence 1, the purport of the whole pleadings

B. According to the facts found by the Defendant’s recognition of responsibility, it is reasonable to deem that the instant accident was caused by Defendant B’s act of driving in the state where Defendant B was unable to drive normally and the act of violating the duty of driving prior to the shock, speed, and suspension. This is a violation of the ordinary duty of care required for the driver of the motor vehicle.

Therefore, Defendant D&C, the insurer of Defendant B and the above D&C, is jointly obligated to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant accident.

2. Except as otherwise stated below within the scope of liability, each of the attached damages calculation table shall be applicable.

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