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(영문) 서울중앙지방법원 2015.11.10 2014가단261773
손해배상(자)
Text

1. The Defendant’s KRW 616,758,300 and the Plaintiff’s annual rate of KRW 5% from September 1, 2012 to November 10, 2015, and the following.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) The Defendant is the Defendant’s vehicle B and C bargaining car (hereinafter “Defendant’s vehicle”).

2) On September 1, 2012, B entered into an automobile comprehensive insurance contract with respect to the vehicle owner, as follows: B, while driving the Defendant vehicle at around 07:30 on September 1, 2012, B received the pedestrian signal signal pole on the right side while driving the vehicle from Enmark to Ench-Eup.

(3) The Plaintiff and B were dead and injured, and three persons, including D, drinking alcohol from around 9:0 p.m. on the day immediately preceding the accident, and drinking alcohol from around 9:00 to around 6:0 p.m. on the day of the accident. After that, the Plaintiff was under the influence of alcohol or was in a house with the Defendant’s vehicle’s back seat without a safety belt on the back seat, and caused the instant accident while driving while driving at 0.08% of the blood alcohol level, and the Plaintiff was under the influence of 0.08% of the blood alcohol level. Unlike B where there is a relatively minor state, the Plaintiff did not have any ground for dispute over the instant accident, such as the closure of the offline of the offline, the two duct, the closure of the alley, the closure of the alley, the closure of the alley, the closure of the alley, and the closure of the alley, and the purport of the Plaintiff’s oral argument that it is impossible to do so.

B. According to the above fact of recognition of liability, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as an insurer.

C. The Plaintiff asserts that there was no negligence due to the occurrence of an accident due to his/her her friend by force while under the influence of alcohol. Accordingly, the Defendant asserts that the friend of a vehicle driving under the influence of alcohol and the negligence due to the failure to wear the safety belt should be considered.

Although it was found, B’s error that caused an accident while driving alcohol while drinking.

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