logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.08.19 2015나50603
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. At around 19:39 on August 24, 2013, D driven a E-ro vehicle (hereinafter “Defendant vehicle”) and pushed the front part of the Defendant vehicle into front of the G oil station in front of the G oil station, where signals, etc., located in the F of the Haan-Gun in the Haan Haan-gun (hereinafter “instant intersection”) were straightened from the north north of the Gun to the west of the west. However, the instant intersection was changed by red stop signals, in violation of the red stop signal that changed at the time, D turned down the instant intersection, and turned down the front part of the passenger vehicle (hereinafter “Plaintiff vehicle”) by driving in front of the Defendant vehicle.

(hereinafter “instant accident”). (b)

Due to the instant accident, H and the Plaintiff’s wife who was on board the top of the steering force of the Plaintiff’s vehicle died from his seat to the front of the cardiopulmonary function.

(hereinafter referred to as ‘the net' when it is called together with the network H and the networkJ). (c)

The plaintiffs are co-inheritors as the deceased's children, and the ELA damage insurance company concluded a comprehensive automobile insurance contract on the defendant's vehicle. The plaintiffs completed the registration of the change of the name of the defendant on June 26, 2015.

[Ground of recognition] Facts without dispute, Gap 1, 7, 8, 11 evidence, Eul 1, 2, 8, and 11 evidence or images, the result of the examination by the court of first instance, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts, D's negligence in violation of the signal at the intersection of this case shall be deemed to have caused the accident, and the defendant shall be liable as D's insurer for damages suffered by the deceased and the plaintiffs, unless there are special circumstances.

B. The Defendant’s defense of exemption from liability does not directly cause the instant accident, and the Plaintiff’s vehicle enters the center of separation bars, as long as other vehicles have already passed the instant vehicle before entering the instant intersection and normally entered one’s own lane, as long as they go through the said vehicle before entering the instant intersection, and thus, the Defendant’s defense of exemption from liability does not directly cause the instant accident.

arrow