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(영문) 서울중앙지방법원 2019.09.26 2018가단5034899
손해배상(자)
Text

1. The Defendant’s KRW 9,227,420 as well as 5% per annum from February 15, 2017 to September 26, 2019 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C are D buses around 08:27 on February 15, 2017 (hereinafter “Defendant Vehicles”).

) A driver of Yeongdeungpo-gu, while driving a vehicle and driving a two-lane between the three-lanes in Yeongdeungpo-gu Seoul, the two-lanes in the two-lanes in the two-lanes, and the two-lanes in the two-lanes in the two-lanes, the two-lanes in the two-lanes, followed the Plaintiff by the following parts of the Defendant’s vehicle (hereinafter “instant accident”).

(2) Due to the instant accident, the Plaintiff suffered injury, such as influence of the details of the lower part of the necessary frame, spelke, etc.

3) The defendant is a mutual aid business operator who has entered into a mutual aid agreement with the defendant's vehicle. 【Ground of recognition】 There has been no dispute, Gap's 1 to 2, Eul's 1 (each entry, video, or pleading including virtual numbers)

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 limitation of liability, however, can be sufficiently anticipated that, in the event the intersection, which is the point where the instant accident occurred, is passing through the intersection where the number of lanes decreases, and thus, the following vehicle can overtake itself or change its course to its own way. Therefore, even though it is necessary to keep the vehicle ahead of it and yield its course by getting out of the way to the right edge of the latter vehicle, it is erroneous for the Plaintiff to proceed with the bicycle inevitably without due care, and the Plaintiff’s error contributed to the occurrence of the instant accident and the expansion of damages, and thus, the Plaintiff’s fault should be considered in calculating the amount of damages to be compensated by the Defendant, and the Defendant’s liability is limited to 80%.

2. It shall be in addition to the matters stated separately below the scope of liability for damages.

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