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(영문) 대전지방법원홍성지원 2016.09.07 2014가단12270
손해배상(자)
Text

1. Defendant B and Hyundai Marine Fire Insurance Co., Ltd. jointly share KRW 19,306,384 with respect to the Plaintiff and the Plaintiff on January 2015.

Reasons

1. At around 14:00 on April 13, 2014, the Plaintiff was driving a C Possing car owned by the Plaintiff (hereinafter “Plaintiff”) and the Masing-gu Masing-gu Ying-si Ying-si Ying-si Ying-si Ying-si 320.6 km away from the two-lanes between the two-lanes.

However, Defendant B driving a Dpoter car owned by it (hereinafter “Defendant”) and proceeding one-lane in the same direction.

When changing the vehicle line to the two-lane, the part behind the left side of the Plaintiff vehicle was shocked by the part behind the right side of the Defendant vehicle.

(hereinafter referred to as the “instant accident”). Defendant Dong Fire is an insurer who has concluded a comprehensive automobile insurance contract with respect to the Plaintiff’s vehicle, and Defendant Hyundai Sea is an insurer who has concluded a comprehensive automobile insurance contract with respect to Defendant B and the Defendant’s vehicle.

At the time of the accident in this case, the exchange price of the Plaintiff vehicle is 22.5 million won, and the scrapping price is 425,000 won.

[Ground of recognition] Facts without dispute, Gap 1, 7, 10, Eul 4 (including each number; hereinafter the same shall apply), the result of each commission of appraisal to P&P Co., Ltd. (Law Institute of Science and Technology), the purport of the whole pleadings

2. Determination as to claims against Defendant B and Hyundai Sea

A. According to the above fact of recognition that the liability for damages occurred, Defendant B, who seeks to change the fleet from the first lane to the second lane, neglected his duty of care to change the fleet in a safe way, and caused the instant accident due to an erroneous change in the fleet by neglecting his duty of care to change the fleet. Thus, Defendant Hyundai Sea, which is the insurer of Defendant B and Defendant Vehicle, is jointly liable to compensate for the damages suffered by the Plaintiff due to the instant accident.

B. The following facts and circumstances, which were revealed by the grounds for recognition as the above-mentioned limitation of liability for damages, are the Plaintiff’s accident of this case.

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