logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2020.12.09 2018가단208736
손해배상(자)
Text

The Defendants jointly share KRW 167,553,405 with respect to the Plaintiff and KRW 5% per annum from June 3, 2017 to December 9, 2020.

Reasons

1. Facts of recognition;

A. At around 18:00 on June 3, 2017, Defendant B, on the part of the left-hand side of the Plaintiff’s bicycle driver’s bicycle driver’s bicycle riding along the bicycle riding line, on which the center line located in the front of the subsidiary tunnel located in each side of the Gyeonggi Pyeong-gun, on board the bicycle riding line. While Defendant B was driving on one-lane bicycle riding on the opposite lane, the part on the left-hand side of the Plaintiff’s bicycle riding driver’s bicycle riding.

(hereinafter “instant accident”). (b)

The Plaintiff suffered injuries, such as fingers and scarcitys, etc. due to the instant accident.

C. Defendant C Co., Ltd. (hereinafter “Defendant C”) is an insurer who entered into an insurance contract with Nonparty D that covers a total of KRW 200,000,000 when Defendant B becomes liable for damages in the daily life.

[Ground for Recognition: Facts without dispute, Gap evidence 2 through 10, Eul evidence 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings]

2. Occurrence of liability for damages;

A. According to the fact of recognition of liability, Defendant B has a duty of care to accurately operate steering the steering direction and brakes and safely drive the bicycle along the bicycle riding along the bicycle.

Although the accident occurred due to negligence, the accident of this case occurred due to negligence.

Therefore, pursuant to Article 750 of the Civil Act, the plaintiff is liable for the damages incurred by the plaintiff due to the accident in this case, and the defendant C is jointly liable for the damages incurred by the plaintiff as the insurer with the defendant B.

B. The Defendants, as to the assertion on limitation of liability, are aware of the Plaintiff’s failure to perform the work together with Defendant B at the time of the instant accident, so the opposite driver was able to commit a crime on his lane in consideration of the fact that it is a narrow bicycle road, and have a duty of care to predict the possibility of the opposite driver’s intrusion on his lane in preparation for the collision, and to perform this duty of care.

arrow