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(영문) 서울중앙지방법원 2016.05.11 2015가단14233

구상금

Text

1. The Plaintiff:

A. Defendant B: 8,194,335 Won and as regards this:

B. Defendant A and each of Defendant B.

subsection (b).

Reasons

1. Basic facts

A. Status 1 of the party concerned) The Plaintiff and Korea Fair Trade Co., Ltd. and C-business taxi (hereinafter “Plaintiff-Motor vehicle”).

(2) Defendant A is the owner and operator of D human vehicle (hereinafter referred to as “Defendant vehicle”).

B. At around 02:45 on June 27, 2013, Defendant B driven the Defendant’s vehicle while under the influence of alcohol content 0.159%, and driven the 4-lane road along which the said vehicle was driven. In the vicinity of the 234 intersection in Gangnam-gu Seoul, Gangnam-gu, Seoul, the central line was obstructed and carried out the right turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn turn on the opposite direction. 2) E is starting from driving the F-conditioning vehicle (hereinafter “victim”) at the intersection along the signal signal to the opposite direction.

The defendant vehicle at the stop was suspended, but the driver G of the plaintiff vehicle who started from the behind the damaged vehicle was unable to stop the vehicle and shocked the damaged vehicle.

(hereinafter referred to as the "accident of this case"). [The ground for recognition: the fact that there is no dispute, each entry in Gap evidence Nos. 5 through 9 (including each number), the purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to Defendant B’s fault, which is the driver of the Defendant’s vehicle. As such, Defendant B and Defendant A are obliged to pay the damages to the victim E and H, and to pay the full amount of damages and damages for delay to the Plaintiff who exempted the Defendants.

B. Whether a joint tort is established or not, Defendant B, the driver of the Defendant vehicle, was negligent in breaking the center line while under the influence of alcohol and making a left-hand turn signal at one lane in the opposite direction. 2) The Plaintiff’s vehicle started in the signal atmosphere and is proceeding under low speed (According to the evidence No. 6, the Plaintiff’s vehicle was proceeding at a speed of less than 20km per hour at the time of the instant accident), and the driver E of the damaged vehicle is with the Defendant vehicle.