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(영문) 부산지방법원 2018.10.12 2017나57363
손해배상(자)
Text

1. Of the part against Defendant Samsung Fire and Marine Insurance Co., Ltd. in the judgment of the first instance, payment is made under the following paragraph (2).

Reasons

1. Basic facts

A. On February 17, 2009, the Plaintiff, while serving in military service, sustained an injury to the upper right of 2,3 double sacrifies, while being wounded in the mouth 17, 2009, and caused multiple sacratic sacratic sacratic sacratic sacratics, and performed an operation to inserting the sacrific sacrine on August 2, 201 on the part of the Plaintiff’s left side.

B. At around 14:00 on December 6, 201, the Plaintiff was faced with an accident that was faced by a vehicle located in the parking lot of the building (hereinafter “first accident”) and was faced with the vehicle located in the savings bank (hereinafter “first accident”) instead of the Seocheon-dong, Busan (hereinafter “the instant first accident”). Around 11:15 on October 4, 201, the Plaintiff was suffering from the injury of the front left-hand-hand-hand-hand-hand-hand-hand-raction. (C) Around 11:15, the Plaintiff driven a vehicle and was faced with another vehicle located in the parking lot (hereinafter “the second accident”) located in the Busan Northern-gu (hereinafter “the second accident”). (hereinafter “the second accident”).

The Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire and Marine Insurance”) is the insurer of the primary accident vehicle, and the Defendant Samsung Fire & Marine Insurance Co., Ltd. (hereinafter “Defendant He Interest & Marine Insurance”) is the insurer of the secondary accident vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 19, 37 (including branch numbers), the purport of the whole pleadings

2. Determination as to the claim against Defendant Samsung Fire Marine Insurance

A. According to the above fact that the first accident of this case occurred, since the driver of the first accident of this case was caused by the negligence of driving the vehicle without sufficiently examining whether there is a pedestrian in the rear side while driving the vehicle, the defendant Samsung Fire and Marine Insurance, the insurer of the first accident, is liable to compensate the plaintiff for the damages caused by this.

On the other hand, the defendant Samsung Fire Marine Insurance contributed to the plaintiff's negligence in the occurrence of the first accident of this case, so the responsibility of the defendant Samsung Fire Marine Insurance should be limited.

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