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(영문) 서울서부지방법원 2018.02.22 2016가단257155
손해배상(자)
Text

1. The Defendant’s KRW 11,260,571 as well as 5% per annum from December 15, 2016 to February 22, 2018 to the Plaintiff.

Reasons

1. Establishment of liability for damages;

A. The occurrence of liability ① A operates a C-A-car around 17:00 on November 12, 2015, and operates the said car by negligence while the driver’s and the driver’s seat are opened, while driving the C-A-car at a parking lot between 1001 and 1003.

The defendant is liable for the plaintiff to compensate for the plaintiff's damage caused by the accident in this case, since there is no dispute between the parties, or the fact that the defendant is the insurer who has concluded a comprehensive motor vehicle insurance contract with respect to the above motor vehicle does not dispute between the parties, and the whole purport of the arguments in Gap's evidence Nos. 1, 2, and Eul Nos. 1 through 3 (including the paper number; hereinafter the same shall apply) is recognized.

B. Meanwhile, according to the aforementioned evidence, the Plaintiff, as a passenger of the said car, has a parking guide, such as “exploita for EXN driver B,” etc.

The accident of this case was caused by the accident of this case, and it can be recognized that the vehicle was under the influence of the driver's seat but failed to take sufficient safety measures, such as leaving it neglected and leaving it later. The above circumstances also constitute the cause of the occurrence and expansion of damages caused by the accident of this case, and the relationship between the plaintiff and the driver, etc. with the defendant in light of the relationship between the plaintiff and the driver, etc., are deemed to be inappropriate in light of the principle of good faith or the principle of fairness. Thus, the defendant's liability should be limited to 70% of the defendant's liability by taking into account

2. The following facts are as follows: Gap's evidence Nos. 3, 4, and Eul's evidence Nos. 4 through 6.

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