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(영문) 광주지방법원 2017.02.10 2015나54680

손해배상(자)

Text

The decision of the first instance court, including the plaintiffs' claims extended from the trial, shall be modified as follows:

Reasons

1. Basic facts

A. From 05:35 on December 7, 201, the left-hand turn to the front-hand part of the E dump truck owned by a limited liability company (hereinafter referred to as “Defendant vehicle”) in the left-hand side of the E dump truck owned by the F, which was trying to enter a four-lane road at the right-hand side of the dump road in front of the dump road in Yong-gun, Yong-gun, Yong-gun, Yong-gun, Yongnam-gun, to the right-hand side of the said vehicle (hereinafter referred to as “Plaintiff vehicle”) at the right-hand side of the D Driving Motor vehicle (hereinafter referred to as “Plaintiff vehicle”), which is proceeding one-lane from the right-hand side of the said vehicle at the right-hand side of the dump road in the right-hand side of the said vehicle, there was an accident that conflicts with the front-hand part of the Cscark vehicle (hereinafter referred to as “instant accident”).

(The specific situation at the time of the instant accident is as shown in the annexed sheet). D was killed due to the instant accident.

(B) as follows, D is referred to as “the deceased.”

Plaintiff

B and A are the parents of the deceased, and the children of the plaintiff I, J, K, L, and M are children of the deceased.

The defendant is an insurer who has entered into a comprehensive automobile insurance contract with a limited liability company.

C. A died on March 28, 2015 while the instant lawsuit was pending.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 5 evidence, Eul evidence 3 (including numbers, and hereinafter the following) and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the factual basis prior to the determination of the cause of the claim, barring any special circumstance, the passenger industry, which is the operator of the Defendant vehicle, is liable to compensate for the damages suffered by the deceased, etc. pursuant to the main sentence of Article 3 of the Guarantee of Automobile Accident Compensation Act, and the Defendant, as the insurer, is liable to compensate for the said damages pursuant to Article 10(1) of the Guarantee of Automobile Accident Compensation Act and

B. The Defendant’s assertion on the Defendant’s exemption is that the instant accident occurred due to the Plaintiff’s violation of the signal signal.