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(영문) 서울중앙지방법원 2018.10.12 2017가단5186526
손해배상(자)
Text

1. The Defendant’s KRW 12,587,556 for the Plaintiff and its related KRW 5% per annum from October 26, 2017 to October 12, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 05:53 on August 23, 2017, A driving a benz car (hereinafter referred to as “Defendant vehicle”) and driving a middle-speed Highway into the lower-west side from the lower-west side of the Seocho-gun, Jincheon-gun, Jin-gun, Seoul, and stopping away from oil to the lower-west side, and did not install a rear safety mark, etc. as determined by the Ordinance of the Ministry of Government Administration and Home Affairs.

As a result, D(E) of C Driving, which was driven along the same lane, (E) Track Track Track Track Track (hereinafter “Plaintiff”) turned the vehicle into the right side in order to avoid the Defendant’s vehicle, and the part of the roof of the container with the container loaded on the vehicle was predicted by the Defendant’s vehicle.

(2) The accident point of this case was located in a hond where the right hond is the straight line. At the time of the accident, the inner dog was cut, and the road floor of the accident was cut down.

(3) At the time of the instant accident, the Plaintiff’s vehicle was loaded in two containers with household life goods and alcohol divided into two containers.

(4) The Plaintiff is the owner of the Plaintiff’s vehicle, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract for the Defendant’s vehicle.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 2, 4, 5 (including paper numbers), Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

B. According to the above facts, the defendant is liable for the damages suffered by the plaintiff as the insurer of the defendant vehicle.

C. The driver of the Defendant vehicle subject to the limitation of liability did not install safety signs in accordance with the criteria set by the Ordinance of the Ministry of Government Administration and Home Affairs and did not turn on emergency lights, and the instant accident point was located in the straight line at the right bend, and the inside was kidsing at the time, and the road floor was cut down, and the Defendant vehicle stopped.

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