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(영문) 서울중앙지방법원 2018.06.08 2016가단5201220
손해배상(자)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C are vehicles D around January 26, 2013 (hereinafter “Defendant vehicles”). D around January 26, 2013:

ii)A vehicle E (hereinafter referred to as “Plaintiff vehicle”) operated by the Plaintiff’s driving on the side of the e-vehicle in the direction of the e-road terminal located in the e-lane of the said two-lane road while driving along the said two-lane road on the side of the e-road distance from the direction of the e-road integrated terminal in order to enter the two-lane road to the e-lane terminal.

2) The front part of the Defendant 1’s front part was shocked with the left part of the fences of the Defendant 1’s left side (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff sustained injury, such as the escape of the 1, 2, 4, and 5 protruding signboards.

3) The Defendant is an insurer who entered into an automobile comprehensive insurance contract with the Defendant’s vehicle. The Defendant is an insurer who entered into an automobile comprehensive insurance contract. The fact that there is no dispute over the grounds for recognition, the entry of evidence A No. 1-1-5, the video of evidence

B. According to the fact of recognition of liability, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring special circumstances, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as an insurer of the Defendant’s vehicle.

C. The place where the instant accident occurred is where a narrow bridged as the two-lanes of letter, and the Plaintiff’s vehicle was straighted, and the Defendant’s vehicle was at the right of passage as he proceeded on the alley and was at the right of right of way, and thus, the Plaintiff’s vehicle was at the right of way. However, the Plaintiff’s fault was due to the Defendant’s duty of care to safely operate the Defendant’s vehicle by properly examining the movement of the Defendant’s vehicle, which is at the right of right of way. Therefore, in calculating the amount of damages that the Defendant is liable, the Plaintiff’s fault should be considered in consideration of the Plaintiff’s fault, and the Defendant’s liability should be limited to 90%.

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