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(영문) 대구지방법원 2019.07.12 2018가단113048
손해배상(자)
Text

1. The Defendant’s KRW 99,338,742 as well as 5% per annum from February 9, 2017 to July 12, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On February 9, 2017, at around 07:45, D 07:45 (hereinafter “Defendant vehicle”) driven a vehicle and stopped to turn to the left from the front side of the Fri-distance Intersection in front of E located at the time of the intersection where the traffic control is not performed, and the vehicle waiting to turn to the left, while neglecting the duty of the front line, and the left turn was trying to turn to the left, the Plaintiff’s Hyst or other car (hereinafter “Plaintiff vehicle”) left to the left side of the Defendant vehicle, which was located in the front side of the left side of the Defendant vehicle.

(hereinafter “instant accident”). (b)

According to the instant accident, the Plaintiff suffered injury, such as the escape of conical signboards between the five balance of the left-hand 5 balance, the 4-5 balance, and the 5-1,00-1, such as the escape of a conical signboard, salvinitis, and brain, etc., and was hospitalized for six days from February 9, 2017 to February 14, 2017, which is the date of the instant accident, and received hospitalized treatment.

C. The defendant is an insurer who has concluded a comprehensive automobile insurance contract with the defendant vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Occurrence of and limitation on liability for damages;

A. According to the above facts of recognition of liability, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring special circumstances, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as an insurer of the Defendant’s vehicle.

(b) The driver of any motor vehicle shall temporarily stop at an intersection where traffic is not controlled, regardless of the order of priority in traffic, and it is impossible to confirm the left and the right of the motor vehicle, or the traffic is heavy (Article 31(2)1 of the Road Traffic Act), and the driver of any motor vehicle shall slowly drive the motor vehicle at a slow speed that makes it possible to immediately stop the motor vehicle at the intersection where traffic is not controlled (Article 31(2)1 of the Road Traffic Act).

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