손해배상(자)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. At around 15:20 on December 10, 2016, the Plaintiff entered the intersection (hereinafter “instant intersection”) located in the open air of the Dong-dong, Chungcheongnam-dong, Chungcheongnam-do, Chungcheongnam-do (hereinafter “instant intersection”) from the open air of the Dong-dong, Dong-dong, and D tried to enter the instant intersection from the F bank area by driving a truck (E).
B. At the time of the Plaintiff’s entry into the instant intersection, the Intersection was in progress, and the signal number at the center of the instant intersection was sent to D, and the Plaintiff exceeded the right side of the part crossinging the instant intersection.
C. The defendant's driving of D. D. A.
It is an insurance company that has concluded an automatic comprehensive insurance contract for truck stated in the port.
[Ground of recognition] Facts without dispute, Gap evidence 3, 18, Eul evidence 1 and 3, the purport of the whole pleadings
2. Determination as to the cause of action
A. Although the Plaintiff’s assertion D continued to enter the instant intersection by disregarding the signal signal prior to entering the instant intersection, D continued to have entered the said intersection. Accordingly, the Plaintiff exceeded the wind to avoid an accident.
Therefore, the defendant is liable for damages to the plaintiff.
B. Determination 1) Even in the case of the so-called non-Contact contact accident without any physical contact between a vehicle and a victim, where a driver is driving by an abnormal driving method which would normally have been unexpected and would lose psychological equilibrium and would not normally be operated by the victim, or where a pedestrian was injured by a method to avoid danger, there is a proximate causal relationship between the operation of the vehicle and the damage suffered by the victim. 2) As seen earlier, D sent a manual signal to D before entering the intersection of this case, the signal at the center of the intersection was sent to D, and according to the images of Gap evidence 18, D is followed.