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(영문) 서울남부지방법원 2016.11.04 2016나50547

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

The reasoning for the court's explanation of this case is as follows, except for adding each of the following determination under Paragraph 2 as to the defendant's non-liability without fault under the Guarantee of Automobile Accident Compensation Act, and as to the non-liability without fault under the Guarantee of Automobile Accident Compensation Act, the reasoning for the judgment of the court of the first instance is as stated. Thus, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act

The Plaintiff’s assertion of the parties to tort liability under the Civil Act was caused by the negligence of entering the Sinsan-dong miscarriage distance (hereinafter “the instant private distance”) in Yangsan-si, which was driven by the Defendant in violation of the instant Otoba signal, and thus, the accident of this case occurred. Therefore, the Defendant is liable for tort liability under the Civil Act as to the damage caused by the instant accident.

The Defendant’s assertion that the instant accident occurred due to the total negligence of the instant marina vehicle that entered the instant private distance in violation of the signal, and thus, the Defendant, a driver of the instant vehicle without any negligence, is not liable for tort under the Civil Act.

According to Gap evidence 16-3 and 6 of the accident of this case, the court below held that the defendant-friendly I used another Oral Ba at the time of the accident of this case and set a distance of 10 meters from the other Oral Bab at the time of the accident of this case. After the occurrence of the accident of this case, the investigation agency stated that "I's police statement of August 17, 201, which was the date of the accident of this case, of the accident of this case, in violation of the signals by the investigation agency for the investigation agency for the accident of this case, was stated as follows: "I's statement of the police of this case on August 17, 201, the date of the accident of this case."

On August 18, 2011, on the day following the occurrence of the instant accident, yellow I made a statement from the police that “I entered the Otobane intersection where A would be changed to yellow light, etc. from green.”

In light of the above, entry into the private distance of this case was made.