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(영문) 창원지방법원 2020.02.14 2017나59298
손해배상(자)
Text

1. Of the judgment of the first instance, the Plaintiff’s KRW 300,900,434 against the Defendant among the judgment of the first instance, and its related thereto, from December 19, 2013 to February 14, 2020.

Reasons

1. Basic facts

A. At around 18:50 on December 19, 2013, G driven a H car (hereinafter “Defendant vehicle”) at the Jjuju station located in G Kimhae-si, G, and left the road in the direction of Jju station. Since the center line of the yellow-ray is installed, G was due to the negligence attributable to the median of the center line, and caused the Plaintiff’s collision with the left-hand part of the K-car (hereinafter “Plaintiff’s vehicle”) driven by the Plaintiff, which was directly located on the left-hand side from the right-hand side of the running direction of the Defendant’s Mail-ray, and thereby, the Plaintiff A suffered injury, such as Gyeong-ray damage, etc.

(hereinafter “instant accident”). B.

Plaintiff

B is the husband of Plaintiff A, and Plaintiff C, D, and E are the children of Plaintiff A.

Plaintiff

E was on board the Plaintiff at the time of the instant accident.

C. The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 11, 12, and 13 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above recognition of the liability for damages, since G, the driver of the Defendant’s vehicle, was negligent in driving the central line while driving the instant accident, the Defendant, the insurer, is liable to compensate the damages suffered by the Plaintiffs due to the instant accident.

On the other hand, the defendant alleged that the plaintiff A was negligent by failing to drive the plaintiff's vehicle even if he discovered the plaintiff's vehicle by speeding the plaintiff's vehicle at the private distance intersection. Thus, the defendant's evidence submitted by the defendant alone was in excess at the time of the accident of this case.

It is insufficient to recognize that there is any negligence in operating the Plaintiff or the Plaintiff’s vehicle, and there is no other evidence to acknowledge it, and the Defendant’s above assertion is without merit.

3. In principle, the period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and won.

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