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(영문) 부산지방법원 2015.07.01 2014나11526
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. The fact that the Defendant, at around 14:20 on October 31, 201, driven a C vehicle (hereinafter “Defendant vehicle”) and operated the two-lanes of the two-lanes road in front of the Chang Francison-ro, Busan, through the flow of the new subway station, passing through the intersection, and changing the two-lanes of the two-lanes into the intersection without properly examining one-lanes in order to avoid truck parked in the front direction while passing through the intersection, that the Plaintiff’s D vehicle (hereinafter “Plaintiff”), which passed through the said intersection and was located in the first lane, was shocked (hereinafter “Plaintiff’s vehicle”), is not in dispute between the parties, or it can be recognized by comprehensively considering the overall purport of the pleadings in the evidence No. 2 and No. 3.

Therefore, the Defendant is liable to compensate the Plaintiff for the damages caused by the instant traffic accident.

2. The fact that the Plaintiff paid KRW 904,870 on the repair cost of the Plaintiff’s vehicle due to the instant traffic accident does not conflict between the parties, or that the Plaintiff’s damage liability is acknowledged by taking into account the overall purport of the pleadings in the statement No. 1.

However, it is reasonable to limit Defendant 1’s liability to 70% in light of the following circumstances, namely, the Plaintiff’s failure to go to the left-hand turn prior to the above intersection as it was left-hand turn, and the occurrence of the instant traffic accident, and the circumstances surrounding the instant traffic accident, such as the background leading to the Defendant’s change of the lanes.

Therefore, the defendant's 633,409 won (904,870 won x 70%) and 633,409 won (904,870 won x 70%) and the defendant's claim against the plaintiff since February 16, 2012, which is deemed reasonable to dispute over the existence or scope of the defendant's obligation, shall be 5% per annum as stipulated in the Civil Act until July 1, 2015, and shall be repaid from the following day.

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