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(영문) 서울중앙지방법원 2017.10.13 2015가단5334352

손해배상(자)

Text

1. The Defendant’s KRW 139,012,354 as well as the Plaintiff’s annual rate from May 12, 2015 to October 13, 2017.

Reasons

1. Occurrence of liability for damages;

A. At around 20:57, May 12, 2015, B: (a) Category C Vehicles (hereinafter “Defendant Vehicles”)

) A driver driving his/her vehicle and driving his/her vehicle to turn to the left in violation of the vehicle signals from the public health clinic of the port north-gu to the creative distance from the boundary of the public health clinic of the port north-gu to the port of port, and the driver driving his/her driver driving his/her vehicle to the public health clinic of the port of port along the two-lanes from the boundary of the port of port to the public health clinic of the port of port, along the two-lanes from the opposite two-lanes. (hereinafter referred to as “Plaintiff Oba”).

) The front part of the Defendant vehicle was shocked entirely on the front part of the Defendant vehicle (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered injury, such as abandonment on the left-hand side and flaverization of the upper-hand flag, the left-hand laver, and the right-hand laver, etc.

3) The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with the Defendant’s vehicle. The Defendant is the insurer who has concluded a comprehensive automobile insurance contract. The fact that there is no dispute over the grounds for recognition, the entries in Gap’

B. According to the fact of recognition of liability, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring special circumstances, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as an insurer of the Defendant’s vehicle.

C. The defendant asserts that the plaintiff's negligence should be taken into account in calculating the scope of the defendant's responsibility, since the plaintiff's negligence was committed in violation of the plaintiff's duty to move the driver into the right-hand way, even though the driver has a duty to move into the right-hand way.

Article 16 (1) 9 of the Enforcement Rule of the Road Traffic Act provides that two-wheeled vehicles shall run on the right side of the road at the center of the road.

However, as recognized earlier, the instant accident is the Plaintiff Obama, who was directly engaged in according to the straight-line signal of the vehicle at the distance intersection.