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(영문) 춘천지방법원 2015.11.11 2015가단581
손해배상(자)
Text

1. The Defendants jointly share KRW 1,998,489 with respect to the Plaintiff, and the period from August 28, 2014 to November 11, 2015.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the purpose of the whole pleadings at Gap evidence 1, 2, Eul evidence 1-1 to 10, Eul evidence 2-1 to 2-5, and the video as a whole.

Defendant B entered into a comprehensive automobile insurance contract (hereinafter “instant contract”) with Defendant Samsung Fire Marine Insurance Co., Ltd. (hereinafter “Defendant Company”).

B. At around 18:00 on August 27, 2014, Defendant B driven the above vehicle and proceeded with the fluord section D of the Gangwon Hongcheon-gun on the road of the first line marked with yellow solid lines. Defendant B also proceeded with the Plaintiff’s 1 ton truck on the front section of the vehicle of Defendant B.

C. Defendant B attempted to overtake the Plaintiff’s vehicle by breaking the median line, but the Plaintiff, who was upon mad the center line, was invaded by the left-hand turn, and there was an accident where the two vehicles conflict.

(hereinafter “instant accident”). D.

The Plaintiff suffered from injuries to the climatic climatics and the climatics in need of two weeks of treatment due to the instant accident, and was hospitalized for 16 days from August 28, 2014 to September 12, 2014.

2. Occurrence of liability for damages;

A. According to the above fact of recognition of liability, since Defendant B had a center line with yellow solid lines, Defendant B has been negligent in violating the duty of care to avoid scambling the center line despite the fact that such negligence was caused by the instant accident, the Defendants jointly and severally are liable to compensate the Plaintiff for the damages caused by the instant accident.

B. Comprehensively taking account of the above-mentioned facts and macroscopic evidence, the Plaintiff was negligent in attempting to turn to the left in violation of the duty of care, even though it has a duty of care not to commit the central line, and the Plaintiff’s error caused the occurrence and expansion of the instant accident.

(c).

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