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(영문) 서울중앙지방법원 2017.03.24 2015가단81257
손해배상(자)
Text

1. The Defendant shall pay to the Plaintiff KRW 39,187,149 and the interest rate of KRW 15% per annum from March 24, 2017 to the day of complete payment.

Reasons

1. Occurrence of liability for damages;

A. On October 10, 2014, B: (a) On the part of October 10, 2014, the passenger car C (hereinafter “Defendant vehicle”); (b) on the part of the Defendant vehicle

(C) In the event that the Defendant was driving and driving a vehicle and driving a vehicle at a point of 370.5 km along the border road (370.5 km in the south of the wife population) at the port of Seoul, the Defendant was driving a vehicle at the port of Busan, using the two lanes from the port of Busan to the port of the five-lane, and the Defendant was driving a vehicle at the port of Busan (hereinafter referred to as “ship-owned vehicle”).

), 피고 차량은 비상깜박이를 켜고 1차로에 정차하게 되었다. 2) 원고는 같은 날 04:34경 E 승용차(이하 ‘원고 차량’이라 한다)을 운전하여 위 고속도로를 서울 방면에서 부산 방면으로 편도 1차로를 이용하여 진행하던 중, 원고 차량 진행방향 전방에서 위와 같이 선행사고로 인하여 정차하고 있던 피고 차량의 뒷부분을 원고 차량의 앞부분으로 추돌하여, 원고는 상해를 입게 되었다

(3) The defendant is an insurer which has entered into a comprehensive automobile insurance contract with respect to the defendant's vehicle (hereinafter "the accident in this case"). The defendant is an insurer which has entered into a comprehensive automobile insurance contract with respect to the defendant's vehicle [based on recognition], and there is no dispute, Gap 1, 2, and Eul 2, respectively (including the

- The purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant, an insurer, is liable for damages sustained by the plaintiff due to the accident of this case, unless there are special circumstances.

C. The limitation of liability is limited to the following circumstances acknowledged by the above facts and the evidence mentioned above. In other words, it is reasonable to limit the defendant's liability for the accident of this case to 50% in consideration of the following circumstances: (a) the plaintiff, as well as the plaintiff, has neglected his duty of front-time and safe driving; and (b) other circumstances, such as the road conditions at the location of the accident and the accident time.

2. Except as otherwise stated below within the scope of liability, each of the attached damages calculation table shall be applicable.

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