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(영문) 서울중앙지방법원 2020.05.29 2018가단5085842
손해배상(자)
Text

1. The Defendant’s KRW 9,00,000 as well as the annual rate of KRW 5% from April 17, 2017 to May 29, 2020 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C is as follows: (a) a car re-scheduled around 19:00 on April 17, 2017 (hereinafter “Defendant vehicle”).

) While driving a vehicle and driving a vehicle in the direction of “HMoel” in the direction of “G cafeteria, such as the said accident site map, the Plaintiff’s vehicle, who was directly in the direction of “J” (hereinafter “J”) from the left side of the Defendant vehicle to the right side (hereinafter “instant accident”) led to the Plaintiff’s malfunction (hereinafter “instant traffic accident”).

2) The Plaintiff sustained an injury, such as the confluence of the new landscape, due to the instant accident.

3) The Defendant is an insurer who has entered into an automobile comprehensive insurance contract against the Defendant vehicle. The Defendant is an insurer who has entered into an automobile comprehensive insurance contract with the Defendant vehicle. The ground for recognition exists without any dispute, Gap evidence Nos. 1, 2, and Eul evidence Nos. 2 and 4 (including serial numbers;

each entry or video, the whole purport of the pleading;

B. According to the above recognition of liability, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as the insurer of the Defendant’s vehicle, barring any special circumstance, since the Plaintiff was injured by the operation of the Defendant’s vehicle.

C. The limitation of liability: (a) the instant accident occurred at an intersection where traffic has not been controlled by signal, etc.; (b) the Plaintiff, the Defendant’s vehicle, along with a backway where the central line is not installed; and (c) the two vehicles entered the intersection at the same time; and (d) considering the circumstances surrounding the instant accident and the surrounding circumstances, the Plaintiff’s mistake committed by neglecting the duty of the front line upon entering the intersection was the cause of the occurrence or the expansion of damages, and thus, the Defendant’s compensation should be considered in calculating the amount of damages that the Defendant should compensate.

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