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(영문) 부산지방법원 2019.11.22 2019나44736

손해배상(자)

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff A KRW 5,442,212 as well as to the plaintiff A as the defendant.

Reasons

1. Basic facts

A. On March 8, 2018, the Defendant driven an EK5 car (hereinafter “Defendant vehicle”) around 13:30 on March 13:30, 2018, and, at the time of the instant accident, the restriction speed of the road above 22 km in the direction of the lower-distance distance from the name of the road located in front of the 3rd floodgate, the north-dong, the north-dong, the north-dong, the north-dong, Busan, the lower-do limit of the road above 20 km in the direction of the lower-distance from the name of the road at the speed of 3rd.56 km in the speed of speed of the road at the time of the instant accident.

While proceeding 78 km each hour, there was an accident involving Plaintiff A’s FSS5 car (Plaintiff A owns at the ratio of 99% and Plaintiff B 1%; hereinafter “Plaintiffs”), which was moving from the two-lanes of the above road to the one-lanes.

(hereinafter “instant accident”). (b)

As a result of the instant accident, Plaintiff A suffered injury, such as light salt scopty that requires approximately three weeks of medical treatment, and the Plaintiffs suffered damage from the Plaintiffs’ vehicles.

C. The Defendant’s assistant intervenor is an insurer who entered into an automobile insurance contract regarding the Defendant’s vehicle.

[Evidence] Facts without dispute, Gap's statements or images (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of liability for damages and limitation on liability;

A. According to the above facts, the accident of this case occurred due to the negligence of neglecting the duty of speed and Jeonju, such as driving the Defendant’s vehicle more than 20 km and driving the vehicle on the right side of the front side while driving the Defendant’s vehicle more than 20 km and driving the vehicle on the two-lane right side of the front side without reducing the speed of the vehicle. Thus, the Defendant is liable to compensate the Plaintiffs for the damages caused by the accident of this case.

B. However, at the time of the accident in this case, the plaintiff A was running slowly due to the front-side vehicle and the front-side vehicle led to the change of the two lanes into one way while the front-side vehicle proceeds in part.