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(영문) 제주지방법원 2019.02.12 2017가단55666
손해배상(자)
Text

1. The Defendants jointly share KRW 21,794,032 with the Plaintiff, and 5% per annum from October 10, 2015 to February 12, 2019.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) entered into a comprehensive automobile insurance contract with the driver of the E SP vehicle (hereinafter “Defendant Co., Ltd”).

B. On October 10, 2015, D around 04:28, when driving the Defendant vehicle and driving the Defendant vehicle, D entered the intersection as it was while the signal apparatus of the front bank was displayed as a red shielded light in the speed of 33 KT &G distance from Jeju-si, Jeju-si. However, pursuant to the yellow domination New, the part of the back portion, etc. on the left-hand side of the Fiburged vehicle (hereinafter referred to as “Plaintiff vehicle”) where the crossing was passing from the right-hand side of the running direction of the Defendant vehicle to the left-hand side of the Fiburged vehicle (hereinafter referred to as “Plaintiff vehicle”).

(hereinafter referred to as “instant accident”). C.

As a result of the instant accident, Defendant C, an agent for driving the Plaintiff vehicle, suffered injuries, such as diversatum strings, which require treatment for approximately two weeks, G on the top of the operation of the Plaintiff vehicle, such as catum salt bars, which require treatment for about two weeks, and the Plaintiff, who was on the back seat of the Plaintiff vehicle, sustained injuries, such as catum bats, which require treatment for about eight weeks.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 2 (including additional evidence, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the facts prior to the occurrence of the liability for damages, D and the Defendant C, the driver of the original and the Defendant vehicle, bear the duty of care to safely drive the vehicle while paying attention to the operation of other vehicles, but are negligent in driving the vehicle in the direction toward the relevant intersection and causing a collision.

Ultimately, it is reasonable to deem that the instant accident occurred due to the concurrence between Defendant D and Defendant C’s above negligence. Therefore, the insurer of the Defendant vehicle is the insurer.

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