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(영문) 수원지방법원 2016.08.25 2014나13621
손해배상(자)
Text

1.The judgment of the first instance shall be modified as follows:

Attached Form

With respect to the accident described in the list, the plaintiff's defendant.

Reasons

1. Occurrence of liability for damages;

A. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 4 and Eul evidence No. 2-4 may be acknowledged by taking into account the overall purport of the pleadings.

1) B) On January 10, 2007, around 09:50 on January 10, 2007, C Trucks are C Trucks (hereinafter “instant Libers”).

) A driver’s vehicle driving along and proceeding in the vicinity of the Seongbuk-dong market in Sungnam-si, and a driver’s vehicle driving in the course of changing the lane without sufficiently examining the existence of a vehicle driving along the lane, speed, distance from the vehicle, etc., and by occupational negligence, the Defendant’s vehicle driving in the same direction along the lane above the instant vehicle in the instant case (hereinafter “victim’s vehicle”) is a DNA passenger vehicle driving by the Defendant (hereinafter “instant damaged vehicle”).

2) The part of the front shocking her right side of the instant sea is the front front part of the instant sea-going vehicle, and the shock caused the Defendant to suffer injury, such as brain salvin, salvinal salvin, and salvinal salvin (hereinafter “instant accident”).

2) The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to the instant Maritime Vehicle.

B. According to the above facts of recognition, the Plaintiff is the insurer of the instant sea vehicle, and is responsible for compensating the Defendant for the damages incurred by the instant accident caused by the business negligence of B, which is the driver of the instant sea vehicle.

On the other hand, in the occurrence and expansion of damages caused by the accident of this case, the plaintiff also caused the defendant's negligence, and the negligence ratio is at least 30%, so the defendant's negligence ratio should be taken into account in calculating the amount of damages caused by the accident of this case. However, in light of the specific developments leading up to the occurrence of the accident of this case, which can be known through each collision between the vehicle of this case and the damaged vehicle of this case, the defendant's negligence is also in the occurrence of the accident of this case.

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