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(영문) 대구지방법원경주지원 2016.05.31 2014가단12075
손해배상(자)
Text

1. The Defendant: (a) KRW 5,00,00 for each of the KRW 198,745,178 for Plaintiff A, Plaintiff B, C, and D, and each of them on June 22, 2013.

Reasons

1. Following the occurrence of the liability for damages, the following facts may be acknowledged either as a dispute between the parties or as a whole by taking account of the descriptions of evidence A Nos. 1, 2, and 3 and the whole purport of the pleadings.

Facts of recognition

1) On June 22, 2013, Plaintiff A riding a bicycle on or around 16:00, along with a single-lane road in front of the Felel in E on a written room. However, at that time, Plaintiff A’s H vehicle driven by G (hereinafter “Defendant vehicle”).

) The Plaintiff’s bicycle followed the Plaintiff’s bicycle in the same direction and attempted to overtake the Plaintiff’s bicycle beyond the center line, and the Plaintiff’s front side of the Defendant’s bicycle entered the center line, collisioning the Plaintiff’s bicycle’s left side of the Defendant’s bicycle, resulting in the Plaintiff’s injury to the Plaintiff’s bicycle, i.e., mouth paralysis, large cerebral hemopty, etc. (hereinafter “instant accident”).

(2) Plaintiff B is the wife of Plaintiff A, and Plaintiff C and D are children of Plaintiff A.

3) The Defendant is an insurer that entered into an automobile comprehensive insurance contract with respect to the Defendant’s vehicle. The Defendant is liable for damages suffered by the Plaintiffs as the insurer of the Defendant’s vehicle. However, according to the above evidence, the Defendant’s limitation of liability is based on the following: (a) the Plaintiff’s act of riding a bicycle without having any protective equipment, such as safety caps; (b) operated a bicycle near the center line, not at the edge of the road; and (c) the Plaintiff’s mistake was also caused by the occurrence and expansion of the instant accident; (b) the Plaintiff’s negligence and the G driving the Defendant’s vehicle, who attempted to overtake the Plaintiff’s bicycle by overcoming the central line, are limited to 80% of the Defendant’s liability. 2. The following facts are either disputed between the parties, or are limited to the extent of liability for damages.

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