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(영문) 서울중앙지방법원 2019.01.18 2016가단5284157
손해배상(자)
Text

1. The Defendants jointly share KRW 586,232,621 with respect to the Plaintiff, and the period from February 12, 2016 to January 18, 2019.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant B (the age of 19 at the time of the instant accident) are D'aba car owned by the Defendant C, his father, around 05:40 on February 12, 2016 (hereinafter “Defendant vehicle”).

(ii)the plaintiff's driver's bus or bus van (hereinafter referred to as the "Plaintiff's vehicle") driving on his own to the left side of the Defendant's vehicle operating on the direct side along the driver's length signal, driving directly in violation of the vehicle stop signal one-lane between the NA and the H bank one-lane between the two-lane two-lane two-lanes.

) The front part of the Defendant’s vehicle was shocked on the right side of the Defendant’s vehicle (hereinafter “instant accident”).

2) According to the instant accident, the Plaintiff suffered injury, such as external cerebral cerebral tymosis, probial tymosis, and so on.

3) Defendant C is an I Co., Ltd. (hereinafter “I”) with respect to Defendant C’s vehicle.

B) As between Defendant C and the named insured, the Plaintiff entered into an automobile comprehensive insurance contract that wishes to apply the special terms and conditions that limit the scope of the driver to at least 48 years of age. The Plaintiff received KRW 120,000,000 from Company A as the liability insurance money (personal compensation). The Plaintiff received KRW 120,000 from Company A as the grounds for recognition. The Plaintiff did not have any dispute, and the purport of the entire pleadings, including each description and image of Party A, Party A’s 1, 2, 3, 10, 11 (including all documentary evidence attached with No. 1).

B. According to the above recognition of liability, as the Plaintiff sustained an injury due to the operation of the Defendant vehicle, the Defendant B and the Defendant C, the owner of the Defendant vehicle, are jointly liable to compensate the Plaintiff for the damages caused by the instant accident, respectively, as the operator of the Defendant vehicle, barring any special circumstance.

C. The Defendants’ determination as to the limitation of liability has been on the part of the Plaintiff’s negligence of neglecting the duty of the front line, and was caused rapidly after the signal change, and thus, the amount of damages to be paid by the Defendant.

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