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(영문) 부산지방법원 2018.02.22 2015가단82517

손해배상(자)

Text

1. The Defendant: KRW 30,573,879 to Plaintiff A, KRW 1,00,000 to Plaintiff B, and KRW 300,000 to Plaintiff C and D respectively.

Reasons

1. Facts of recognition;

A. On October 23, 2013, E driven a F-wing truck with one ton truck (hereinafter “dive vehicle”) around 07:20 on October 23, 2013, and shocked Plaintiff A’s G Malbane, who opened the said intersection on the wind that entered the middle line in line with the signal one lane depending on the one lane of the second line, from the opposite apartment bank located in the vicinity of the Busan East-gu, to the opposite apartment bank located in the vicinity of the city.

(hereinafter “instant traffic accident”). (b)

Plaintiff

A due to the instant traffic accident, A suffered bodily injury, such as low-satise brain damage (e.g., satise) and satise satise satise satis, etc.

C. Plaintiff B is Plaintiff A’s wife, Plaintiff C, and D’s children, and the Defendant is an insurance company that entered into an automobile comprehensive insurance contract with respect to household-going vehicles.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 and images (including branch numbers, if any; hereinafter the same shall apply), the purport of whole pleadings

2. Occurrence of liability for damages;

A. According to the above recognition of liability, the traffic accident of this case is deemed to have occurred due to the violation of E's signal and the negligence of failing to perform his duty of care. Thus, the defendant is liable to compensate for the damages suffered by the plaintiffs due to the traffic accident of this case as an insurance company of a sea-going vehicle, barring special circumstances

B. Meanwhile, as a driver of a vehicle driving along an intersection where traffic is controlled by signal, etc., the driver of the vehicle cannot be deemed to have a duty of care to expect the driver of another vehicle to enter the intersection and drive it up to the intersection in contravention of the signal, except in extenuating circumstances; however, it was found that another vehicle has already entered the intersection and continues to drive it immediately after the signal in the direction was changed to the stop signal.

An intersection in violation of any other signal.