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(영문) 전주지방법원 2015.05.28 2014나4258

손해배상(자)

Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The defendant.

Reasons

1. The following facts may be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings, together with the statements in Gap evidence Nos. 1 to 5, 11, 12 and Eul evidence No. 3 (including the branch numbers if there are above numbers):

The defendant is an insurance company that entered into an insurance contract with C to compensate for all the liability to be borne by C due to a motor vehicle accident caused by the operation of the D vehicle owned by C, and the plaintiff also b below.

The mother of B (hereinafter referred to as “the deceased”) who died due to an accident described in the subsection shall be the sole heir.

B. On April 14, 2012, C driving a D vehicle on April 14, 2012, at around 21:17, C made the turn to the left at a speed of about 30 km a speed from the right edge of the World Cup stadium distance, located in the Seo-gu, Seo-gu, Seo-gu, Gwangju, to the right-hand turn from the right-hand edge of the World Cup Stagaz.

At the time, there is an intersection where signal, etc. is installed at night and at the front, there was a duty of care to prevent accidents by driving a person engaged in driving a motor vehicle by reducing speed and taking a well-being signal.

Nevertheless, even though it is under the influence of alcohol and the signal is changed to a stop signal, C left-hand turn in violation of the signal, and left-hand turn was stopped on the opposite side of the vehicle driven by the deceased who was in the intersection in accordance with the new code and stopped the accident caused to the front part of the vehicle driven by C in front of the vehicle driven by C and escaped without taking necessary measures, such as aiding the deceased.

Ultimately, C caused the death of the Deceased at around 08:05 on April 15, 2012 by occupational negligence as above.

(hereinafter “instant accident”). C.

On June 15, 2012, the Defendant paid 4,928,500 won to the Plaintiff prior to the death of the Deceased.

2. The occurrence of liability for damages;

A. According to the facts acknowledged above, the defendant is C.