손해배상(자)
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 26,023,834 and KRW 18,032,527 among them.
1. Occurrence of liability for damages;
A. The facts of recognition 1) C is a DSS5 car (hereinafter “Defendant vehicle”) around 10:35 April 14, 2014.
(B) The Plaintiff was driven by the Plaintiff, who was driving on the right side from the left side of the Defendant’s driving direction while driving along an intersection without signal, etc. near the apartment in Jinju (hereinafter “instant accident”).
2) The Plaintiff suffered injury, such as mination and mination at the right bottom of the instant accident. 2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant vehicle.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 3 and 22 (if there are provisional numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings
B. According to the facts of recognition of the above liability, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.
(c) The driver of any motor vehicle who intends to drive a motor vehicle into the intersection where traffic is not controlled, shall yield the course to other motor vehicles when other motor vehicles are already traveling through the intersection (Article 26(1) of the Road Traffic Act), and when the motor vehicle intends to drive a motor vehicle into the intersection where traffic is not controlled on a narrow road, the driver of any motor vehicle who intends to drive the motor vehicle into the intersection where the width is narrow shall yield the course to the other motor vehicle, if any, while driving the motor vehicle first.
(2) Article 26(2) of the Road Traffic Act provides that “The driver of the Defendant vehicle who had entered an intersection with no signal, etc. on a narrow road shall be deemed to have caused the instant accident due to the primary negligence of the Defendant vehicle who neglected his duty of care to yield the course by discovering the Plaintiff’s erroneous soil contamination while entering the intersection, which was going through through the intersection.”