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(영문) 서울중앙지방법원 2018.02.09 2016가단5102118
손해배상(자)
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 7,209,970 as well as 5% per annum from August 15, 2015 to February 9, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant B, around 11:30 on August 15, 2015, 2015, got a bicycle and proceeded with the Plaintiff, who was crossing the bicycle lane on the right side from the left side of the shotcheon-gu, Manam-si, Manam-si, Seoul, to the shotcheon-gu, Seoul. (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered injury, such as the Plaintiff’s impairment of the right-to-hand aggregates and the damage to the right-to-hand aggregates.

3) Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Hyundai Sea”).

(2) Defendant B, etc., as the insured, is an insurer who entered into an insurance contract containing a special agreement on indemnity for actual damage within the limit of the amount of statutory liability to compensate for damage caused by a sudden accident to another person’s body and property in daily life (one hundred million won per accident). According to the fact of recognition of liability, Defendant B neglected his/her duty of care to view the bicycle operator as a bicycle operator and prevent the accident, and caused the instant accident by neglecting his/her duty of care to properly operate the brake system. As such, Defendant B is a tort, Defendant Hyundai Sea is jointly and severally liable for damage caused by the instant accident to the Plaintiff during his/her daily life (see Supreme Court Decision 2010Da53754, Oct. 28, 2010) (see Supreme Court Decision 2010Da53754, Oct. 28, 2010). However, the Plaintiff is also liable for damages caused by the instant accident to the Plaintiff, which is the place of the instant crosswalk.

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