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(영문) 춘천지방법원 2016.07.15 2015나5518

손해배상금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. At around 17:20 on February 4, 2014, the Defendant driven a Cterac car (hereinafter referred to as “Defendant vehicle”) and turned down the upper left-hand part of the Defendant’s vehicle owned by the Plaintiff, which was proceeding on the left-hand side of the front-hand part of the Defendant’s vehicle running from the front side of the F convenience store to the second apartment house at the intersection of the F convenience store in front of the original city.

(hereinafter referred to as “instant accident”). B.

Due to the instant accident, the Plaintiff’s vehicle was damaged, and the vehicle repair cost of KRW 22 million occurred.

C. The Plaintiff received KRW 10 million from the Dongbu Fire Marine Insurance Co., Ltd. based on the liability insurance purchased by the Defendant vehicle.

[Ground of Recognition: Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings]

2. The above facts and the evidence revealed as follows: (a) the road situation and accident circumstance at the time of the accident at the time of the accident at issue; (b) the accident at the time of the accident at issue, i.e., the accident site is a private-distance intersection without signal lights; (c) the Plaintiff’s vehicle attempted to direct the above intersection in the direction of a prudent elementary school from the second line E distance to the road in which the central line is installed; (d) the Defendant’s vehicle attempted to enter the above intersection in a house without a central line or commercial road; and (e) the vehicle stopped at the intersection at the time, was difficult to sufficiently secure the view of the vehicle moving the above intersection from the right side to the right side based on the direction of the Defendant’s proceeding; and (c) the Plaintiff’s vehicle proceeding at the above intersection without a signal lights, but it appears that it might be delayed to find a collision after the Defendant’s vehicle already entering the above intersection, and its degree of shock and damage.