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(영문) 서울중앙지방법원 2019.09.27 2018가단5117268
손해배상(자)
Text

1. The Defendant’s KRW 40,277,11 as well as the Plaintiff’s KRW 5% per annum from October 20, 2015 to September 27, 2019.

Reasons

1. Occurrence of liability for damages;

A. 1) On October 20, 2015, C is a D 1 ton truck under the influence of alcohol at around 14:58 on October 20, 2015 (hereinafter “Defendant vehicle”).

) During the driving of Eul and driving of Jeju, the road 300 meters wide from the 4-gil, e.g., the Sin-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-dong-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

2) The Plaintiff, who was accompanied by the Defendant’s vehicle, sustained the injury, such as the instant traffic accident, such as marlet, the right stoke, the upper right stoke, the left stoke stoke stoke stoke s to the left stoke stoke s to the left stoke stoke s to the left sto

3) The Defendant is an insurer who has concluded an automobile comprehensive insurance contract against the Defendant vehicle. The Defendant is an insurer who has concluded an automobile comprehensive insurance contract with the Defendant vehicle. The fact that there is no dispute over the ground for recognition, Gap evidence 1, 2, and Eul evidence 1 (including the number of pages; hereinafter

each entry or video, the whole purport of the pleading;

B. According to the above recognition of liability, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as the insurer of the Defendant’s vehicle, barring any special circumstance, since the Plaintiff was injured by the operation of the Defendant’s vehicle.

C. Restrictions on liability, however, in full view of the overall purport of arguments in the evidence Nos. 1 and 2, the Plaintiff was running from October 14, 2015 to October 19, 2015. On October 20, 2015, the date of the instant accident, the number of wind has become difficult to operate. Accordingly, the Plaintiff was found to have boarded the Defendant’s vehicle to share meals with the Defendant’s vehicle’s driver C and the owner of the vessel, etc., for the purpose of returning home together with drinking after drinking. This error by the Plaintiff is also acknowledged.

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