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(영문) 서울중앙지방법원 2020.11.26 2019가단5176196
손해배상(자)
Text

1. The Defendant’s KRW 94,437,31 as well as 5% per annum from December 10, 2018 to November 26, 2020, respectively, to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C is the D Freight Vehicle around 10:47 December 10, 2018 (hereinafter “Defendant Vehicle”).

)을 운전하여 하남시 초일동에 있는 서울외곽순환고속도로 21km 지점 편도 5차로 중 4차로에서 5차로로 차선을 변경하던 중 5차로를 진행하던 E 운전의 F 승용 차량의 운전석 측면 뒷부분을 충격하여 위 F 승용 차량이 1차로로 좌측으로 회전하며 1차로로 튕겨져 중앙분리대를 들이받고 정차하였고, 이에 1차로를 진행하던 G 운전의 H 투싼 차량의 전면부로 위 F 승용 차량의 측면부를 충격하게 하였다(이하 ‘이 사건 사고’라 한다

2) The Plaintiff, who was on the back seat of the above-mentioned vehicle due to the instant accident, sustained the injury, such as damage to the number of scamblings, the escape of the scambling, closure, and the escape of the scambling.

3) The defendant is a mutual aid business operator who has entered into a mutual aid agreement with the defendant's vehicle. 【Ground for recognition's absence of dispute, Gap's 1 to 3, 6 evidence, Eul's 3 to 12 (including paper numbers, video, and oral arguments)

B. According to the above fact of recognition of liability, the plaintiff sustained an injury due to the operation of the defendant vehicle, barring special circumstances, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as the mutual aid business operator of the defendant vehicle.

C. The following circumstances, which are recognized by the overall purport of the statements and arguments in the evidence Nos. 17 and 18, were recorded as “pre-take draft box” with respect to the wearing of the Plaintiff’s protective equipment in the medical record of the Emergency Center prepared on the date of the instant accident. The Plaintiff’s medical record prepared thereafter, stating that “the Plaintiff was at a sudden stop during which the Plaintiff was at the back seat and was at the back of the driver’s seat,” and taking into account the Plaintiff’s injury level or injury circumstance, and the Plaintiff’s seat on the front seat.

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