(영문) 서울중앙지방법원 2016.11.18 2015가단5019158

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(영문) 서울중앙지방법원 2016.11.18 2015가단5019158

손해배상(자)

Text

1. The Defendant’s KRW 30,257,972 as well as the Plaintiff’s annual rate from May 3, 2014 to November 18, 2016.

Reasons

1. HF GID for liability for damages;

A. Fact 1) B: (a) around 23:55 on May 3, 2014, 2014, B is the Defendant’s vehicle quantity, such as the adjacent drawing (hereinafter “Defendant’s vehicle”).

) The Plaintiff’s EObba (hereinafter “Plaintiff Obaba”) who driven a ice and left the left at the west and the ebaba (hereinafter “Plaintiff Obaba”) of the Plaintiff’s Ebaba (hereinafter “Plaintiff Obaba”) who was directly engaged in ice and ice and dumba

) The left-hand side of the Defendant’s vehicle shocked into the front part of the Defendant’s vehicle (hereinafter “instant accident”).

(2) The Plaintiff suffered injury, such as the anti-duplicating frame of the left-hand part of the Plaintiff due to the instant accident.

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

2. The defendant asserts that the accident in this case occurred due to the gross negligence of the plaintiff's entry into the intersection in violation of the crossing signal, and the driver of the defendant vehicle entered the intersection in accordance with the signals, and therefore there is no negligence in the occurrence of the accident in this case.

The main text of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that "a person who operates an automobile for his own sake shall be liable to compensate for the damage if he dies or gets injured by another person due to the operation of the automobile," and provides that the driver shall not be negligent in the existence of intention or negligence. However, in the case of death or injury of a person who is not a passenger, he himself and the driver shall not be negligent in paying due attention to the operation of the automobile, and there is no intention or negligence on the part of the victim or a third person other than himself and the driver, and there is no defect or malfunction in the structure

참조조문

-자동차손해배상 보장법 제3조

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