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(영문) 서울중앙지방법원 2016.11.09 2013가단339433
손해배상(자)
Text

1. The Defendant: (a) KRW 117,312,871 to Plaintiff A; (b) KRW 2 million to Plaintiff B; and (c) from April 26, 2012 to each of the said money.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) C is a DNA vehicle around April 26, 2012 (hereinafter “Defendant vehicle”). D around 07:15, 2012

ii)A motor vehicle driven by the Plaintiff A (hereinafter referred to as “Plaintiff A”) driven by its driver while proceeding with a stop signal at the right side of the intersection, along with a straight-line signal, from the watersideside to the four-distance radius at the waterside.

2) The instant accident was shocked (hereinafter referred to as “instant accident”).

2) As a result of the instant accident, Plaintiff A suffered injury, such as the name of the shore, and the brain injury on credit.

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

B. According to the above facts, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.

C. The Defendant asserts that the Defendant’s liability should be limited since the Plaintiff failed to perform his/her duty of care to examine whether other vehicles enter the intersection.

Except in extenuating circumstances, the driver of a vehicle driving along an intersection where traffic is controlled by a string, signal, etc. with a green light shall also be sufficient for other vehicles to observe traffic regulations and take appropriate measures to avoid any collision, and shall not have a duty to take special measures to prevent the occurrence of the accident in advance, as in the event other vehicles violate the signal and are expected to keep their course in the future. However, even if the vehicle is a driver of a vehicle driving through green light, he/she shall have a attitude to prevent the accident by taking into account whether there are other vehicles already entering the intersection and driving the vehicle, if there is such vehicle.

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