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(영문) 광주지방법원 2016.11.09 2014가단522956

손해배상(자)

Text

1. The Plaintiff:

A. Defendants B and C shall jointly and severally engage in KRW 889,238,541 as well as in relation thereto from August 9, 2013 to November 9, 2016.

Reasons

1. Basic facts

A. At around 08:10 on August 9, 2013, Defendant B driven an Eco-do automobile owned by Defendant C (hereinafter referred to as “diver vehicle”) without a car driver’s license, and reached the private distance at the entrance of Gwangju Mine-gu Southern-dong Village at a rapid speed from the yellow Village to a farming route unlaned in the direction of the wind village from the Yellow Village.

Since the above private street is an intersection where there is no signal, and the lane is not installed, it is an intersection leading with the deaf road where the lane is not installed, the above defendant has a duty of care to enter the workplace after checking the flow of the passage of the main road by stopping once before entering the road.

Nevertheless, Defendant B neglected this and led to the error of entry into the workplace, and caused the damage of the Plaintiff, such as the Habama, etc., to the left-hand side of the Franchis car (hereinafter referred to as the “victim”) under way by entering the workplace from the right-hand side of the said Aring-in vehicle. As a result, the Plaintiff suffered the injury of the Habama, etc. caused by the destruction of the damaged vehicle.

(hereinafter, this case’s accident). (b)

Defendant D shall be jointly and severally liable with Defendant B for the Plaintiff’s damage caused by the instant accident, but Defendant C shall be held liable for damages exceeding the amount of accident insurance by an automobile accident, which is the insurance payment range of the automobile insurance Ⅰ and the insurance payment range of Defendant Matz fire.

C. Defendant Matz fire concluded an injury insurance contract with Nonparty F, the husband of the Plaintiff, with Non-Party F, with respect to the damaged vehicles owned by him/her, up to the limit of 200 million won per the insured and 10 million won per person.

The accident insurance for non-life insurance by an insured person (including the spouse of an insured person) is caused by an accident caused by an insured motor vehicle.