(영문) 대구지방법원 2018.02.27 2015가단115791

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(영문) 대구지방법원 2018.02.27 2015가단115791

손해배상(자)

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1. The defendant's KRW 31,680,979, and KRW 1,00,000 to the plaintiff Eul, and KRW 500,000 to the plaintiff C, D, and E respectively.

Reasons

1. Basic facts

A. On August 27, 2013, F around 7:30, when driving G vehicle (hereinafter “instant vehicle”) and driving ahead of the lives underground road in the middle-gu traffic from the border distance to the lives underground road, F, despite the duty of care to reduce the speed in making a left-hand turn at the intersection, observe the signal, and safely conduct the left-hand turn at the intersection, while disregarding the duty of care to keep the right-hand turn at the intersection, the signal is changing by a yellow turn, but the speed is not delayed, and the right-hand turn is left-hand without looking at the right-hand and left-hand turn, conflicts with the front part of the instant vehicle.

(hereinafter “instant accident”). B.

Due to the instant accident, the Plaintiff A suffered bodily injury, such as cutting down, closing, and cutting down the frame of the part at the bottom of the bomb of an unidentified in detail, and cutting down, closing, etc. of the part of the bomb.

C. Plaintiff B is the spouse of Plaintiff A, and Plaintiff C, D, and E are the children of Plaintiff A, and the Defendant is the mutual aid association to which the instant vehicle belongs.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3-1, 2, 20, 23-1, 20, and 1, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above recognition of liability, the defendant is liable to compensate the damages suffered by the plaintiffs due to the accident in this case as a mutual aid business operator.

B. Limit of liability, however, the Plaintiff’s liability is limited to 80% of the Defendant’s liability, since it is anticipated that the signal will be changed even before the signal is completely changed during the process of departing from the signal atmosphere, and that the Plaintiff’s negligence was found as a result of the occurrence or expansion of damage caused by the instant accident.

3. The period for calculating the scope of liability for damages shall be calculated on a monthly basis.

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