(영문) 서울중앙지방법원 2016.12.16 2015가단5241870

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(영문) 서울중앙지방법원 2016.12.16 2015가단5241870

손해배상(자)

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1. The Defendant’s KRW 35,270,267 as well as 5% per annum from October 6, 2014 to December 16, 2016 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) B: (a) around 15:20 on October 6, 2014, CW is the car with the Efladrato (hereinafter “Defendant vehicle”).

2) On the other hand, on the other hand, the road on the access road in E in E in E at Adong-dong-dong-dong-si (hereinafter “instant accident”) was driven by the Plaintiff, who was trying to overtake the Defendant vehicle in accordance with the yellow point display, at the place where the yellow point is installed, to turn to E at the right side. On the other hand, he was driven by the Plaintiff, who was trying to overtake the Defendant vehicle in accordance with the yellow point display after the yellow point display, to turn to the left side of the said vehicle (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered injury, such as a sacriffy to the right upper part of the Plaintiff.

3) The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle. B. According to the above findings of recognition (determination as to the assertion of exemption) 1, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as an insurer of the Defendant vehicle, barring any special circumstance

2. The defendant asserts that the accident of this case occurred entirely by the plaintiff's negligence, and that the driver of the defendant's vehicle did not have any negligence, since the accident of this case was done by the defendant's vehicle while the defendant's vehicle was driven and stopped and left to the left, and there was no legal obstacle to the left-hand turn.

According to the attached Table 6 of the Enforcement Rule of the Road Traffic Act, the “median line sign” is “the display of the center line of a road pursuant to Article 14 of the Act,” and among which, “the yellow line” is stipulated as “the display that it may temporarily go beyond the opposite lane while taking care of the traffic in the opposite direction, it may go back to the opposite direction, but it shall go back to the opposite direction.” Thus, the left turn is allowed at a place where the center line of the yellow line is located

참조조문

-도로교통법 시행규칙

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