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(영문) 서울중앙지방법원 2016.02.05 2014가단5342042
손해배상(자)
Text

1. The Defendant’s KRW 10,38,791 as well as the Plaintiff’s annual rate of 5% from December 11, 2013 to February 5, 2016, and the following.

Reasons

1. Occurrence of liability for damages;

A. 1) B is a village bus around 06:06 on December 11, 2013 (hereinafter “Defendant vehicle”).

2) While driving the Plaintiff and driving the Defendant, while proceeding the front intersection of the U.S. Sinyang-gu, U.S., U.S., in the dialogue area (10:0:00), he neglected the duty of safe driving in the visual path and led the Plaintiff to see the E-vehicle of the Plaintiff’s driver who was proceeding in the dialogue area, thereby causing injury to the Plaintiff, such as the escape of the conical signboard (hereinafter “instant accident”).

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 3, 4, 8 through 12 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 6, Eul's testimony, and the purport of the whole pleadings

B. According to the above facts, the defendant is liable for damages suffered by the plaintiff due to the accident of this case.

C. The defendant asserts that the accident in this case is not responsible for the defendant since the vehicle of the plaintiff driver is a vehicle for the plaintiff driver due to a sudden accident that caused the plaintiff driver's snow road and caused the shock of the defendant's vehicle. However, as seen earlier, the accident in this case occurred because the defendant's vehicle was negligent in performing the duty of safe driving in snow paths, and thus, the defendant's assertion on the exemption of the defendant's above cannot be accepted.

However, according to the above evidence, the plaintiff neglected his duty of care to prevent an accident that leads to the snowway by driving while carefully examining the condition of the road and neglecting his duty of care, and caused a collision with the defendant's vehicle that reduces the speed while leaving the snow through the intersection. The plaintiff's error seems to have caused the occurrence and expansion of the accident in this case.

The defendant bears the burden.

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