(영문) 서울중앙지방법원 2015.03.20 2013가단156409

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(영문) 서울중앙지방법원 2015.03.20 2013가단156409

손해배상(자)

Text

1. The defendant shall grant the plaintiff A KRW 338,233,843, and KRW 10,000,000 to the plaintiff B, and KRW 3,00,000 to the plaintiff C, and this shall apply.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 15:15 on March 2, 2011, D driving a vehicle E at the C-distance Intersection at the entrance of the waste reclamation site at the Samyang-dong, Samyang-si (hereinafter “Defendant vehicle”) at Jeju, in violation of the signal from the surface of the air at Jeju to the surface of the air at the front of the air, and straighted in violation of the signal from the surface of the air at Jeju. In response to the normal signal from the surface of the waste purchase site at Jeju, the Plaintiff’s F vehicle at the left-hand turn according to the normal signal at Jeju-si (hereinafter “instant accident”), and the said Plaintiff suffered injury, such as the injury of the Plaintiff’s vehicle due to the instant accident.

(2) Plaintiff B is the wife of Plaintiff A, and Plaintiff C is the child of Plaintiff A, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract with respect to the Defendant vehicle.

[Ground for Recognition: Unsatisfy, Gap evidence 2, 3, 16, 25

(1) No. 1, B’s evidence, the purport of the entire pleadings

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs due to the accident of this case.

C. The Defendant asserts that at the time of the instant accident, the Plaintiff A did not wear a safety belt.

According to the evidence No. 25-2 and No. 16-6, the plaintiff was written as not wearing the safety belt at the time of the accident in this case, according to the photographs No. 25-2 and No. 1 of the evidence No. 25-2, and No. 16-6, it can be recognized that there remains a damaged country that appears to have been shocked by the driver's head at the front glass of the plaintiff's driver's seat after the accident in accordance with the photographs No. 16-6 of the evidence No. 16-6. In full view of these facts, the defendant's above assertion is reasonable.

(2) Furthermore, the Defendant entered the intersection at the time of the instant accident, which led to the Plaintiff A.

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