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(영문) 서울중앙지방법원 2017.08.10 2016가단5115497

손해배상(자)

Text

1. Defendant Korea’s KRW 3,836,031 as well as 5% per annum from April 29, 2015 to August 10, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Around 07:45 on April 29, 2015, B, at the Asan Police Station, sent a signal to make a left-hand turn on one hand to the left-hand turn for a temporary communication of vehicles waiting to turn to the right at the right-hand turn on the right-hand turn from the wall of the museum’s shooting distance to the right-hand turn-hand turn-on, while controlling the traffic at work hours in front of the traffic signal box outside of the ambi-dong, the Asan Police Station.

B. Among the vehicles waiting to the left, the front and the left left turn of the vehicle was also the second waiting vehicle, and the front portion of the D vehicle, the front part of which was left directly on the museum distance from the front line to the museum distance (hereinafter “Defendant 2”), was received from the front side of the Plaintiff’s vehicle while the Plaintiff, who was driving a C vehicle waiting to the second left (hereinafter “Plaintiff”) followed the front line vehicle, was traveling along the front line.

(hereinafter “instant accident”). C.

In the instant accident, the Plaintiff suffered from the lusium and the lusium base, and Defendant Eastern Fire Marine Insurance Co., Ltd. (hereinafter “Defendant East Fire”) is an insurer who concluded a comprehensive insurance contract with respect to Defendant 2 vehicles.

On the other hand, on July 6, 2015, the Anti-Corruption and Civil Rights Commission recommended the head of Asan Police Station to take appropriate measures on the ground that the receipt of B was an inappropriate method signal at the time of the instant accident, and that the Plaintiff’s vehicle was making a left-hand turn after the water signal of B, while the instant accident occurred.

E. As a result of the investigation conducted by the Director of the ASEAN in accordance with the above recommendations of the Anti-Corruption and Civil Rights Commission, the chief of the ASEAN police station judged that the instant accident was caused by B’s receipt, but determined that B did not give water signals in accordance with the method of signal under the Enforcement Rule of the Road Traffic Act, and

[Ground of recognition] There is no dispute, A1-2.