logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.04.13 2017나68631
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On August 25, 2015, the Plaintiff driven 17:45 B Oral Ba (hereinafter “Plaintiff Oral Ba”) on August 25, 2015, the Plaintiff caused an accident of collision (hereinafter “the instant accident”) with C vehicles running along the center due to negligence, such as erroneous operation of steering gear, etc. while driving a two-lane of the 111-lanes near the Seomun-si Port Office in Jeju Island, and driving a two-lane of the 111-lanes on the surface of the Jeju Airport. The Plaintiff suffered from the injury of the instant accident, such as the blood transfusion, the left-hand mouth, and the right-hand frame.

B. The defendant is an insurer who has entered into an automobile comprehensive insurance contract with respect to the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 2, 8, 9 (including virtual number; hereinafter the same shall apply), Eul evidence 2 to 4, video and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the Defendant’s vehicle was a wide trucking freight vehicle, but driven along the median line on the first line, and the Plaintiff, while proceeding with the opposite lane, had stimuled the threats, was at risked, and the center was lost and the central line was faced with the Defendant’s vehicle. As such, the instant accident was at fault by 20% on the driver of the Defendant vehicle.

Therefore, as a liability insurer under the Guarantee of Automobile Accident Compensation Act, the Defendant is liable to pay the Plaintiff, the victim, the total amount of medical expenses within the scope of KRW 20,000,000, pursuant to Article 3(1)2 of the Enforcement Decree of the same Act.

B. Generally, as a driver of a motor vehicle operating a road with a median line along his/her own bus line, it is common to believe that the motor vehicle coming from marina line is in compliance with the driver’s license. Therefore, a special measure should be taken to anticipate the other motor vehicle to enter the center line of the road up to the point of the road.

arrow