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(영문) 서울남부지방법원 2019.11.13 2019가단243080
손해배상(자)
Text

1. The plaintiff's damage compensation against the defendant regarding the traffic accident stated in the separate sheet between the plaintiff and the defendant.

Reasons

1. Occurrence of liability for damages;

A. Comprehensively taking account of the overall purport of the arguments as indicated in Gap evidence Nos. 1 through 4, the plaintiff is the insurer who entered into an automobile insurance contract with respect to E vehicle (hereinafter "Plaintiff vehicle"). The defendant, on October 26, 2015, driven FOtoba (hereinafter "Defendant Oba") around 18:25, and discovered the plaintiff's vehicle located on the ground at the above underground parking lot of the above building in Guro-gu Seoul Metropolitan City, while driving a vehicle near the above building, and then getting out of play, (hereinafter "the accident in this case"). The defendant suffered injury, such as "Woo-man on the front side of the entrance," and the defendant paid the plaintiff's medical expenses from H and I hospitals to December 21, 2015, and paid the plaintiff's medical expenses from 00 won to 5:50 days, and 19:50 won and 29:60 billion won from the above ground parking lot in the case of the accident in this case.

B. According to the above facts of recognition, it is reasonable to view that the driver of the Plaintiff’s vehicle entered the road without properly examining the movement of other vehicles such as Defendant Oralba, etc., which are driven on the ground from the underground parking lot at the time of the instant accident, and without securing sufficient safety distance, and caused the instant accident. Therefore, the Plaintiff, the insurer of the Plaintiff’s vehicle, is liable to compensate the Defendant for the damages incurred by the instant accident.

C. The limitation of liability: (a) it is reasonable to deem the Defendant as the Defendant’s fault ratio to 20% in consideration of all the circumstances, including the details of the instant accident and the degree of damage, and thus, the Plaintiff’s liability is limited to 80% in consideration of the Plaintiff’s negligence.

2. Compensation for damage;

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