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(영문) 서울중앙지방법원 2019.09.06 2018가단66181
손해배상(자) 청구의 소
Text

1. The Defendant’s KRW 9,957,277 as well as the Plaintiff’s annual rate of 5% from November 12, 2016 to September 6, 2019.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) D means the E E-T Freight (hereinafter “Defendant”) around 12:55 on November 12, 2016, around 12:55.

A) A driver driving his/her vehicle, which led to the extension of his/her alley road in front of the FY-gu in Suwon-si from the front door of G High School to the front door of H Hospital. A crosswalk without signal lights are installed at the front door of the said site, such as the instant accident scene map. At the time, the Plaintiff was walking at the said crosswalk after getting out of a taxi at the time, and then was walking at the said crosswalk, D did not temporarily stop and used close to the Plaintiff. At the same time, the Plaintiff’s right hand hand hand hand, etc., going out of the wind, who was walking at the wind, was directed toward the rear side of the right side of the Defendant’s vehicle (hereinafter “instant accident”).

(2) The Plaintiff sustained injury, such as cutting off the right 1 and 4 resin due to the instant traffic accident.

3) The Defendant is an insurer who has entered into an automobile comprehensive insurance contract against the Defendant vehicle. 【The ground for recognition】 The fact that there is no dispute, Gap’s evidence Nos. 1, 2, 7, and 9, Eul’s evidence Nos. 3 through 7, 9, and 10 (including the number of pages; hereinafter the same applies).

each entry or video, the whole purport of the pleading;

B. According to the above recognition of liability, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as the insurer of the Defendant’s vehicle, barring any special circumstance, since the Plaintiff was injured by the operation of the Defendant’s vehicle.

C. The limitation of liability, however, according to the evidence as seen earlier, it can be seen that the Plaintiff, who was unable to walk aged since the commencement of the right-hand line first, lost its center and went beyond its own hand and the rear wheels of the Defendant vehicle went against the Plaintiff’s right-hand hand, etc. In light of the circumstances surrounding the instant accident and all the circumstances before and after it, the Plaintiff’s error is also the cause of occurrence or expansion of damages.

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