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(영문) 부산지방법원 2017.09.14 2017가단305610
손해배상(자)
Text

1. The Defendant’s KRW 112,081,050 as well as 5% per annum from June 1, 2016 to September 14, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. At around 22:10 on May 31, 2016, B: (a) had a female-friendly passenger-friendly passenger-friendly passenger-friendly passenger-friendly passenger-friendly passenger-child passenger-friendly passenger-child passenger-child passenger-friendly passenger-child passenger-child passenger-friendly passenger-child passenger-only passenger-child passenger-only passenger-child passenger-child passenger-only passenger-child passenger-child passenger-only passenger-child passenger-child passenger-only passenger-child passenger-only passenger-child passenger-only passenger-child passenger-child passenger-only passenger-child passenger-child passenger vehicle, changed the two-lane of the two-lane of the two-lane passenger-only passenger-only passenger-child passenger-child passenger-only passenger-only passenger-only passenger-only passenger-only passenger-child vehicle into the

(hereinafter “instant traffic accident”). (b)

The defendant is an insurance company that has entered into a comprehensive automobile insurance contract with respect to the harming vehicles.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above fact of recognition of liability, the accident in this case is deemed to have caused the negligence of driving a harming a safe driving duty while driving a harming a harming vehicle. Thus, the defendant is liable to compensate for the damages suffered by the plaintiff due to the traffic accident in this case as an insurer of a harming vehicle, unless there are special circumstances.

(b) Where an operator of a vehicle whose liability is limited permits the transfer of the vehicle for the convenience and interest of the passengers without any consideration, and the passenger receives the provision for his/her convenience and interest, the amount of compensation may be reduced if it is deemed considerably unreasonable in view of the principle of good faith or equity in light of various circumstances, such as the purpose of operation, the personal relationship between the passenger and the operator, the circumstances leading to his/her transfer to the vehicle, and the purpose and active nature of the request for the transfer of the vehicle, etc.

(b).

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