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(영문) 창원지방법원 2018.04.27 2017가단3058
손해배상(자)
Text

1. The Defendant: 3,633,151 won to Plaintiff A; 1,658,397 won to Plaintiff B; 200,000 won to Plaintiff C; and 1,051.

Reasons

1. Occurrence of liability for damages;

A. Comprehensively taking account of the Defendant’s written evidence Nos. 1 and 2 evidence and the overall purport of the pleadings, Plaintiff A, around 18:00 on May 1, 2016, may recognize the fact that: (a) around 18:00, Plaintiff A left Plaintiff B, C, and D on a vehicle for E (hereinafter “Plaintiff”) and stopped on one-way road in front of 186 on the west-dong, Kimhae-si, and that there was an accident (hereinafter “the instant accident”); (b) Plaintiff B is denied; (c) Plaintiff C is the dependent of Plaintiff A and B; and Plaintiff D is the partner of Plaintiff B; and (c) the Defendant is the insurer who concluded a comprehensive insurance contract on the Defendant’s vehicle.

According to the above facts, since the accident of this case occurred by negligence of the defendant's vehicle in violation of one-way traffic route, the defendant who is the insurer of the defendant's vehicle is liable to compensate the plaintiffs for the damage caused by the accident of this case.

B. The instant accident place against Plaintiff A is one-way traffic, but the Plaintiff was negligent in failing to perform his/her duty of care even though it had been sufficiently examined whether the other vehicle was in progress as well as whether the other vehicle was in progress. Thus, the Defendant’s liability is limited to 80% by taking account of all circumstances, such as the background leading up to the instant accident, etc.) where the Plaintiff B, C, and D claimed compensation for damages against the driver or operator of the vehicle other than the vehicle the victim was accompanied by, the victim is deemed to be the actual operator of the relevant passenger vehicle or to be in a relationship with the driver or operator, the amount of compensation may be reduced by taking account of the fault of the driver’s fault on the part of the victim.

(See Supreme Court Decision 98Da8820 delivered on June 9, 1998, etc.).

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