(영문) 서울중앙지방법원 2015.01.09 2013가단5048404

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(영문) 서울중앙지방법원 2015.01.09 2013가단5048404

손해배상(자)

Text

1. The Defendant’s KRW 11,842,716 for the Plaintiff and 5% per annum from May 15, 2012 to January 9, 2015.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 08:00 on May 15, 2012, C driven a D vehicle (hereinafter “Defendant vehicle”) and driven a road located in the Changdong in Dobong-gu Seoul Metropolitan Government on the roads in the Changdong in the direction of the Dobong Information Library in the direction of the Changwon Elementary School in the direction of the Dobong Information Library, and led to the injury of the Plaintiff, such as escape of the protruding signboard, etc. due to the shock.

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including paper numbers; hereinafter the same shall apply), Eul evidence 1, 2, and 3, the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as an insurer.

C. The defendant's assertion on the plaintiff's negligence argues that since the defendant's vehicle, which was followed by the wind to stop in person without any reason, failed to avoid this, and led to the plaintiff's negligence, it is argued that there was negligence on the part of the plaintiff.

According to the evidence No. 3, the plaintiff, who was in the signal atmosphere, was living in accordance with the signal change, can find the fact that he stopped.

However, according to the above evidence, since the signal changed at the time was the left-hand turn signal rather than the straight-on signal, the plaintiff, who was stopped on the straight-line line, was the correct way to stop the vehicle again if it was confirmed that the vehicle was not a straight-on signal even if the signal was taken by wrong viewing the signal, and that it was not a straight-on signal. It cannot be said that there was any negligence in such driving method.

Therefore, the accident of this case is carried out without securing the safety distance, and without putting the front door properly.

유사 판례

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