(영문) 서울중앙지방법원 2016.01.29 2013가단221570

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Reasons

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(영문) 서울중앙지방법원 2016.01.29 2013가단221570

손해배상(자)

Text

1. The Defendant’s KRW 113,828,211 as well as the Plaintiff’s KRW 5% per annum from July 26, 2012 to January 29, 2016.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) B are the C Freight cars around 09:50 on July 26, 2012 (hereinafter “Defendant Vehicle”).

2) While driving a bicycle and driving a bicycle, the Plaintiff, who was riding a bicycle on the front side of the offline from the offline of the offline of the offline of the offline of the offline of the offline of the offline of the offline of the offline of the Dongwon-gun, the Dongwon-gun, the Dongwon-gun, the Dongwon-gu, Seoul Metropolitan City, had been affected by the Plaintiff due to the shock of the rear wheels of the bicycle beyond the opposite lane of the bicycle and the front side of the vehicle (hereinafter “instant accident”). The instant accident is referred to as “the instant accident”).

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with the Defendant’s vehicle.

[Ground for Recognition: Unsatisfy facts, Gap evidence 3, 4, and 6 (if available, including branch numbers; hereinafter the same shall apply).

(2) No. 10, No. 10, the purport of the entire pleadings

B. According to the fact of recognition of liability, the Defendant, the insurer of the Defendant’s vehicle, is liable to compensate the Plaintiff for the damages caused by the instant accident, inasmuch as he was negligent in violating the aforementioned at a safe speed and in a safe manner by examining the speed and course of the bicycle.

C. The limitation of liability: (a) the Plaintiff should also pass along the right edge of the road so that the Defendant’s vehicle can overtake the vehicle on a monthly basis, but there was an error beyond the opposite lane, and there was also an error of failing to wear a safety cap. However, the Plaintiff’s error is deemed to have caused the occurrence of the instant accident and the expansion of damages, so the Defendant’s liability is limited to 65% in consideration of such circumstances.

2. In addition to the matters stated below within the scope of liability for damages, each item of the annexed Table 1 for the calculation of damages, and the period for the convenience of the calculation shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The amount of damages.

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