손해배상(자)
1. On October 7, 2014, between A and B vehicles that were incurred from approach roads to the upper Gyeong-dong, Gyeong-dong, Jin-si around 23:10.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The plaintiff's liability for damages arises
A. (1) The Plaintiff is a mutual aid business operator who entered into a motor vehicle mutual aid agreement with the owner of the B vehicle (hereinafter referred to as the “victim”), and the Defendant is the owner of the A vehicle (hereinafter referred to as “victim”).
(2) On October 7, 2014, around 23:10, the damaged vehicle moved from the second line to the third line among the three-lanes of the two-lanes in order to enter the intersection of the road adjacent to the upper intersection in Jinju-si, Jin-si (the length of the vehicle makes it impossible to turn to the third line among the three-lanes, and the road is narrow from the third-lanes to the two-lanes), and the remaining side of the damaged vehicle and the remaining side of the damaged vehicle are shocked to the right side of the damaged vehicle.
(hereinafter “instant accident”). 【No dispute exists, Gap evidence 1, Eul evidence 1 and 2, witness C’s testimony, and the purport of the whole pleadings
B. According to the above facts of recognition of liability, the Plaintiff, the insurer of the Maritime Vehicle, is liable to compensate the Defendant for the damages caused by the instant drilling accident caused by the negligence of the driver of the Maritime Vehicle.
C. The instant accident, as to offsetting negligence, is caused by the driver of a sea-going vehicle’s failure to drive the accident in a space where it is difficult to prevent the occurrence of the accident due to the driver’s failure to perform his duty of care to prevent the occurrence of the accident. The point at which the accident occurred is wide, but it is difficult for the damaged vehicle to anticipate the overtaking and the collision with the section where the road is narrow from the three-lanes to the two-lanes, so it is difficult for the damaged vehicle to anticipate that the overtaking and the collision is prohibited, and the circumstances of the instant drilling accident are examined, there is no reason to limit the Plaintiff’s liability through comparative negligence.
Therefore, this is applicable.