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(영문) 부산지방법원 2017.12.05 2016가단329640
손해배상(자)
Text

1. The Defendant’s KRW 162,125,706 for the Plaintiff and KRW 5% per annum from June 20, 2014 to December 5, 2017.

Reasons

1. Basic facts

A. Around 22:50 on June 20, 2014, B driven C Bus (hereinafter “Defendant vehicle”) and caused an accident in which the left-hand turn-hand side of the Plaintiff’s driving, who was directly engaged in pursuant to the new subparagraph, in the middle of the left-hand turn-hand turn, in violation of the signal at the crosssection of the city of the city of the city of the city of the Dong-gu, Busan (hereinafter “the instant accident”).

B. In the instant accident, the Plaintiff suffered injuries, such as brain salvin, salvin, and salvin, salvin, salvin, and salvin aggregate, etc.

C. The defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid contract for the defendant vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above recognition of the liability for damages, the accident in this case occurred by the driver of the defendant vehicle who violated the signal at the intersection and turn to the left. Thus, the defendant who is the insurer of the defendant vehicle is liable to compensate for the plaintiff's damage caused by the accident in this case.

In passing through the intersection, the Defendant also argued that there was a negligence of failing to perform such a duty of care, even though there was no vehicle entering the intersection at the latest, and that there was a negligence in failing to perform such duty of care. However, the following circumstances, which can be acknowledged by comprehensively considering the overall purport of the arguments in the descriptions and images set forth in the Evidence Nos. 3 and 4 above, namely, the Defendant’s driver attempted to turn to the left at a speed when the signal to turn to the left was changed to a yellow signal, and caused the instant accident. The Defendant’s vehicle seems to have already been completed at the time of entering the intersection, and the Plaintiff’s accident occurred to the Plaintiff, with wearing a safety cap at the time of the instant accident, was being straighted in accordance with the new code.

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