손해배상(자)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Occurrence of liability for damages;
A. The facts of recognition 1) A is a car B around 20:50 on December 24, 2015 (hereinafter “Defendant vehicle”).
(ii)A car owned by the Plaintiff (A driver D; hereinafter referred to as “Plaintiff”) for C business use (a driver D; hereinafter referred to as “Plaintiff”) who was directly engaged in Paam-dong Faam-dong Faam-dong Faam-dong Faambaam in the direction of the Paam-dong Faam-dong Faambaam,
) The accident was shocked (hereinafter referred to as “instant accident”).
2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with A.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
B. According to the facts as seen earlier, A, the operator of the Defendant vehicle, is liable for damages sustained by the Plaintiff pursuant to the main sentence of Article 3 of the Guarantee of Automobile Accident Compensation Act, and the Defendant is the insurer under Article 10(1) of the Guarantee of Automobile Accident Compensation Act and Article 724(2) of the Commercial Act.
2. The scope of liability for damages;
A. In full view of the following circumstances, the negligence of the Plaintiff’s vehicle shall be 40% and the negligence of the Defendant’s vehicle shall be 60%, in full view of the following circumstances known by each image of the evidence Nos. 4 and 1 through 4 of the evidence Nos. 4 (including the number of items with each number).
① 이 사건 사고 현장은 ‘ㅓ’자형 교차로이고, 교차로에 이르는 도로에는 모두 양쪽 갓길에 차량들이 주차되어 있어 중앙선을 침범하지 않고서는 진행하기 어렵다.
② While the Plaintiff’s vehicle has priority over the Defendant’s vehicle that makes a left-hand turn at the intersection, in light of the surrounding circumstances of the instant accident scene as seen earlier, the Plaintiff’s vehicle driver was under duty to take a front-hand watch higher than the ordinary road. However, the Plaintiff’s vehicle driver was under duty to take a right-hand watch than the ordinary road.
③ In light of the surrounding circumstances of the instant accident site, the Defendant’s vehicle shall examine the left and right closely.