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(영문) 서울중앙지방법원 2019.08.23 2018가단5120806
손해배상(자)
Text

1. The Defendant’s KRW 131,105,005 as well as the Plaintiff’s annual rate from November 12, 2016 to August 23, 2019.

Reasons

1. Occurrence of liability for damages;

A. At around 06:10 on November 12, 2016, the driver D of a car C (hereinafter “Defendant vehicle”) was waiting for left-hand turn-hand turn-hand turn-on from the front distance of the building E in Sungnam-si, Sungnam-si, Sungnam-si, and turn-on to the right-hand turn-hand turn-on on the right-hand turn-hand turn.

Of the left left-hand turn, the defendant's vehicle conflict with the driver's f.o.b. of the plaintiff's driver, who was straight from the f.o.b.

(hereinafter “instant accident”). The Plaintiff suffered from injury, such as scarcity and damage to sea water, etc. due to the said accident.

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

【Ground of recognition】 The fact that there is no dispute or significant fact in the court, Gap Nos. 1, 2, 6, 17, 18 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 through 3, and the purport of the whole pleadings

B. According to the recognition of liability and the above recognition of limitation, the Defendant, the insurer of the Defendant’s vehicle, is liable to compensate the Plaintiff for the damages caused by the instant accident, barring any special circumstance, since the Plaintiff was injured due to the operation of the Defendant’s vehicle.

As to this, the defendant asserts that the accident of this case occurred by the whole negligence of the plaintiff who violated the signal and that the defendant should be exempted from liability.

A driver of a motor vehicle who intends to pass through the intersection by using the intersection in compliance with the going signal changed from the signal to the stop signal or to the going signal to the stop signal to the intersection is often a motor vehicle in violation of the signal, and thus, the driver of a motor vehicle who intends to pass through the intersection by using the signal changed to the go signal to the go signal to the stop line, even if he/she is in operation in compliance with the traffic signal, has the duty of care to check whether there is a motor vehicle already entering the intersection from the left or right, and if there is such a motor vehicle, he/she has a duty of care to prevent the accident by driving with the attitude to prevent the accident by looking into the movement while driving the motor vehicle

Supreme Court Decision 199 delivered on October 1, 195

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