손해배상(자)
1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below is revoked and that part.
1. Occurrence of liability for damages;
A. 1) On May 16, 2012, the Plaintiff: (a) Hatoba (hereinafter “the instant Oba”), around 17:55, around 17:55, 2012,
) The two-lane road (hereinafter referred to as the “instant road”) in front of G in the F of the Gangseo-gu Kim Chang-gun, Gangwon-do.
) A person who is going to a cream on the side of a reading room and was making a left turn to enter the G direction from the above direction to the left-hand side. At that time, the Plaintiff followed the eM7 car (hereinafter referred to as “instant car”).
) D, while driving with his driving, proceed to the opposite lane beyond the median line of the yellow-ray at a speed of about 70 km per hour at a speed of about 60 km per hour in order to overtake the Plaintiff, the said D’s driving method shocked the left-hand side of the instant vehicle on the front right-hand part of the instant vehicle (hereinafter “instant accident”).
2) The instant road is two-lanes along which the center line of yellow domin line is installed, and is connected to the G direction on the left side.
3) The Plaintiff suffered injuries, such as the instant accident’s 2, 3, 4, and 5 door-to-face opening frame, and received treatment by being hospitalized in the original hospital at the college of the principal school at the college of the senior generation. 4) D received penalty notice on July 11, 2012 due to the instant accident, on the ground of the violation of Article 48 of the Road Traffic Act’s duty of safe driving.
5) The Defendant is an insurer that entered into an automobile comprehensive insurance contract with D for the instant automobiles. [Grounds for recognition] without dispute, Gap evidence 1, and Gap evidence 3 (including each number, if any, if any; hereinafter the same shall apply)
written evidence Nos. 1, 2, and 5, and the purport of the whole pleadings
B. According to the above facts, there is a road that can enter the left-hand side of the road in this case, and the vehicle is likely to attempt to turn to the left-hand side because it has a road that can turn to the left-hand side.
On the other hand, D was in existence following the instant Oba, and therefore, D would reduce the speed and well look at the instant Oba.