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(영문) 서울중앙지방법원 2020.09.16 2016가단72199
손해배상(자)
Text

1. The defendant shall pay to the plaintiff A 871,610,375 won, the plaintiff B, and C respectively, 5,000,000 won and each of them in this case.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 00:15 on September 27, 2015, the Defendant Driving Vehicle E driven the said vehicle with a blood alcohol concentration of 0.183%, and met the Plaintiff, who was crossinged to the right side from the left side of the Defendant’s running direction to the right side of the vehicle, while driving the said vehicle at a speed of 0.183% at a speed of 0:15 and driving the said vehicle at a speed of 0.18%, driving the intersection in front of the living duc three-lane in the Yeongdeungpo-gu, Yeongdeungpo-dong, Young-gu, Young-gu, Sinwon-si, at the flood of the horizontal distance, from the 6-lane-lane

(2) The Plaintiff suffered from injury, such as emulsion, emulation, emulation, emulation, emulation, emulation, emulation, and emulation, in the instant accident, and received hospitalized treatment from the time of the accident to the date of the accident.

(3) Plaintiff B and C are the parents of Plaintiff A, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract with the Defendant’s vehicle.

[Reasons for Recognition] Facts without dispute, Gap 1-6, Gap 11, and Gap 27's each entry (including additional numbers), the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable to compensate the damages suffered by the plaintiffs due to the accident of this case as the insurer of the defendant vehicle unless there are special circumstances.

C. The limitation of liability, however, according to the above evidence and the purport of the argument as a whole, the plaintiff A seems to have suffered the accident of this case without permission without sufficiently examining the vehicle's progress while cutting the crosswalk according to pedestrian red signal at night. The plaintiff A's negligence is 45% in light of all circumstances, including the following: the point where the accident occurred (which seems to have been completed by about 2/3 degree from the left) and whether the visual disability (which is difficult to see that there exists a particular field disability in light of the vertical line and the surrounding street light), the E driving, the speed of the defendant vehicle at the time of the accident, and the smartphone operation of the E, etc.

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