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(영문) 수원지방법원 성남지원 2018.07.24 2014가단223321
손해배상(자)
Text

1. The defendant against the plaintiff A,

(a) KRW 124,396,432 as well as 5% per annum from December 23, 2012 to July 24, 2018;

Reasons

1. Occurrence of liability for damages;

A. On the basis of Plaintiff A, Plaintiff B’s spouse, Plaintiff C, and Plaintiff D are their children, and Plaintiff E are their mother, and the Defendant is the Defendant’s vehicle G (hereinafter “Defendant vehicle”).

2) Around 14:25 on December 23, 2012, H conflict with I (hereinafter “Plaintiff”) that had been driven by the Defendant vehicle in front of the ginseng dry field in Gwangju-si, Gwangju-si, by driving the Defendant vehicle at around 14:25 on December 23, 2012.

(3) The Plaintiff was driving the Plaintiff’s vehicle at the time of the instant accident. However, due to the instant accident, the Plaintiff suffered injury, such as the forecast signboard escape certificate and the post-salvination of salvinium. 4) The outline of the instant accident is as described in the detailed map at the site of the instant accident.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2 and 3 (including each number), the result of the physical commission to the Chief of the Seoul National University Hospital at the branch of this court, and the result of the fact inquiry, the purport of the whole pleadings

B. 1) According to the above fact of recognition, the defendant is liable for the damages suffered by the plaintiff due to the instant accident as the insurer of the defendant vehicle, barring special circumstances. 2) As to this, the defendant asserts that in determining the ratio of negligence, the defendant must consider the natural nature of the plaintiff's negligence and ice that could not be avoided from the accident at the center of the road.

However, in light of ① the fact that the Defendant’s vehicle was dissatisfed on a road without the classification of lanes, ② the fact that the instant accident occurred, and ② the road condition at the time of the instant accident, etc., it seems difficult for the Plaintiff A to avoid the Defendant’s vehicle driving through the snowway. ③ At the time of the instant accident, the Plaintiff A driven along the center of the road.

(2) to this section, or to this section.

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