(영문) 서울남부지방법원 2021.02.18 2019가단259986

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(영문) 서울남부지방법원 2021.02.18 2019가단259986

손해배상(기)

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1. The Defendant’s KRW 48,239,658 and its interest to the Plaintiff are 5% per annum from April 19, 2017 to February 18, 2021.

Reasons

1. Facts of recognition;

A. At around 17:50 on April 19, 2017, the Defendant: (a) driven a car on the front side of Yeongdeungpo-gu Seoul Metropolitan Government C on the road; (b) and (c) led to the Plaintiff and the vehicle driving with the Eststren motor vehicle.

Accordingly, when the plaintiff walked from the vehicle to the seat of the defendant's vehicle, the defendant gets off and walked to the driver's seat of the defendant's vehicle, the defendant started from the vehicle with the horse side as it is, and the plaintiff led the plaintiff about five meters while the plaintiff gets off the vehicle with the driver's seat of the vehicle with the horse side above.

As a result, the Plaintiff suffered bodily injury, such as a pelle, pelke, pelke, left-hand side, etc. (hereinafter “the instant accident”). B. On April 16, 2019, Seoul Southern District Court 201No 591 decided on April 16, 2019, which was recognized as a special injury, but the sentence of imprisonment for six months was suspended.

The above judgment became final and conclusive.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 3, the purport of the whole pleadings

2. The Defendant is liable to compensate the Plaintiff for damages caused by the tort.

In full view of the purport of the argument in Gap evidence Nos. 3 and 4, the accident in this case occurred when the plaintiff's driver's vehicle enters the road on which the defendant's driver's vehicle is driving, leaving the vehicle on the road with a considerable difference from the previous vehicle due to a mechanical part, thereby preventing the plaintiff's driver's vehicle from driving the vehicle behind by stopping the vehicle on the road. Meanwhile, as the defendant unilaterally completed the dialogue with the plaintiff and starts the vehicle on his own, the defendant unilaterally completed the conversation with the plaintiff, and then the plaintiff started the vehicle on his own, resulting in the loss of the driver's seat by moving the window on his hand, leading the vehicle to stop and raise the sound by driving the vehicle, while moving the vehicle on his hand, while the defendant locked in the process, but at the speed of the vehicle, and enhancing the speed of the vehicle on the left side of the plaintiff's side.

유사 판례

-서울남부지방법원 2018.03.28 2017고단4915

-인천지방법원 2021.04.16 2020노2241

-전주지방법원 2016.01.07 2015고합167

-부산지방법원 2015.10.28 2015고단4613

-서울중앙지방법원 2016.11.24 2016노2832