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(영문) 부산지방법원 2016.08.09 2013가단212185
손해배상(자)
Text

1. The Defendant (Counterclaim Plaintiff) filed against the Plaintiff (Counterclaim Defendant) KRW 10,216,168 and the Plaintiff’s counterclaim from January 21, 2016 to August 9, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On January 28, 2013, F: (a) around 16:25, the lower part of the IF driver’s IF’s IF car (hereinafter “Plaintiff”), which was under a stop due to negligence, while driving the GP car without a driver’s license and driving it in the right-hand side of the GP while driving it in the right-hand side of the GP at the time of Kim Sea from the south Sea of the Highway to the port of Kim Sea; and (b) served as the front part of the said vehicle of the H driver’s IF car (hereinafter “Plaintiff’s vehicle”).

(hereinafter “instant accident”). (b)

The plaintiff A, who was present in the early top of the plaintiff's vehicle, was well aware of the receipt that fell from the top floor of the KOW for the benefit of the Presidential Decree. The plaintiff A was diagnosed as being "the number of damage without any visual or abnormal opinion" as a result of an examination conducted by the plaintiff A, who was present in the class of the plaintiff's vehicle, after being affected by the accident of this case.

C. The plaintiff C is the father of the plaintiff A, and the plaintiff D and the plaintiff E are the Dongs of the plaintiff A, and the defendant is the insurer who entered into a comprehensive automobile insurance contract for the plaintiff's vehicle.

[Reasons for Recognition] Class A, Evidence Nos. 2, 3, 6-1, 3, 4, 15 through 18, and Category B Nos. 1 (including paper numbers) and images

2. Occurrence of liability for damages;

A. According to the facts of recognition of the above liability, the defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the plaintiff vehicle, and is liable for damages suffered by the plaintiffs due to the instant accident that occurred during the operation of the plaintiff vehicle.

(b) In the event of the occurrence or expansion of the damage by competition between the harmful act of limitation of liability and the factors on the part of the victim, even if the factors on the part of the victim are irrelevant to the victim's causes, such as the risk of physical injury or disease, the court shall compensate the perpetrator for all the damage in light of the form, degree, etc. of the disease in question, if it is contrary to the principle of fairness.

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