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(영문) 전주지방법원 2017.03.31 2015가단35098

손해배상(자)

Text

The defendant shall pay to the plaintiff A KRW 16,091,135, and KRW 1,00,000 to the plaintiff B, and each of them shall be from November 17, 2012 to March 31, 2017.

Reasons

Basic Facts

C On November 17, 2012, around 03:50, when driving a Dro-type taxi owned by friendly Transport Co., Ltd. (hereinafter “Defendant-owned vehicle”), and driving a Dro-type taxi (hereinafter “Defendant-owned vehicle”) and driving the instant intersection from the two-lanes of Korean Electric Power Do to the mountain park where the front distance intersection is entered from the one-lane of the three-lanes in the frontwest-gun E., the two-lane. However, Plaintiff A was under the influence of alcohol content 0.165% at the same time (e.g., subparagraph 2) while under the influence of alcohol content 0.165% (e., subparagraph 3, 4, 5) at the same time, driven the instant intersection from the two-lanes of Korean Power Do.

While each of the above vehicles entered and operated at the intersection as above, the left-hand side of the Defendant vehicle conflict with the front part of the Plaintiff vehicle (hereinafter “instant accident”), and thereby, the Plaintiff A entered the frame of No. 5 of the Gyeong River. The Plaintiff’s vehicle was destroyed.

Among the intersection of this case, the yellow flash signal was operating at the place of entry from the front line, which is the direction of the vehicle of the defendant, and the red flash signal was operating at the place of entry from the Korean Electric Power, which is the direction of the vehicle of the plaintiff.

The defendant is a mutual aid company which has entered into a motor vehicle mutual aid contract with the defendant's limited liability company.

The Defendant filed a lawsuit against the Plaintiff to confirm that the Defendant did not have any mutual aid payment obligation against the Plaintiff for the instant accident, but the dismissal judgment became final and conclusive.

(former District Court 2013Na7816, Evidence No. 6-1, 2). Plaintiff B is the spouse of Plaintiff A.

(A) In full view of the purport of the entire pleadings in the establishment of liability for damages, the Defendant’s driver was able to temporarily stop or slowly drive before entering the intersection and to prevent the instant accident by means of examining the left and right.