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(영문) 춘천지방법원강릉지원 2017.05.17 2016가단52995
손해배상(자)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 210,384 as well as 5% per annum from May 18, 2016 to May 17, 2017.

Reasons

1. Basic facts

A. On May 18, 2016, C driving a D vehicle owned by Defendant B (hereinafter “victim”) under the influence of alcohol at a 0.077% in alcohol level on blood level at around 00:05, and driving it on the 0.077%, and passing ahead of the crossing intersection, which is the 2nd intersection of the intersection of the intersection of the Gangwon-do C C, from the center of the breadth sports and culture park, from the direction of the intersection to the intersection of the intersection of the intersection of the intersection of the intersection of the intersection of the road without temporarily stop on the right side of the vehicle while driving the Plaintiff and driving the vehicle along with the yellow on-and-off signal (hereinafter “victimed vehicle”). The part of the E-2012 benz vehicle (hereinafter “the damaged vehicle”).

B. The damaged vehicle suffered from the damage requiring the repair cost of KRW 31,426,472 due to the instant accident, and the Defendant K non-life insurance (hereinafter “Defendant company”) considered that the Plaintiff’s negligence contributed to the occurrence of the instant accident as 10% and borne 90% of the above repair cost.

C. The Defendant Company is an insurer who has concluded a comprehensive automobile insurance contract with respect to a sea-going vehicle.

[Reasons for Recognition: Facts without dispute, Gap 2, Gap 5's each entry, the purport of the whole pleadings]

2. Assertion and determination

A. The Plaintiff asserted that the Plaintiff sustained minor injuries due to the instant accident and was unable to operate the damaged vehicle, and moved to the taxi in the Dong Sea located in the site of the accident, and paid 233,760 won at the taxi expense.

The damaged vehicle has caused a decline in the value of exchange in KRW 21,00,000 even after the repair due to the instant accident.

Defendant B is the owner of a marine vehicle, and the Defendant Company is jointly and severally liable to pay 21,233,760 won to the Plaintiff as an insurer who concluded an insurance contract with respect to the marine vehicle.

B. The instant accident appears to have been difficult to find any means of public transportation that occurred from a time beyond self-determination, and it appears that the instant accident was difficult to operate the damaged vehicle due to the instant accident.

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