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(영문) 전주지방법원 2018.02.23 2016가단26572
구상금
Text

The Defendants jointly committed against the Plaintiff KRW 30,663,880 as well as Defendant A as from July 8, 2015.

Reasons

Facts of recognition

On September 23, 2013, while driving a vehicle owned by Defendant B (hereinafter referred to as “Defendant vehicle”), Defendant A conflict with the front part of the front part of the Defendant vehicle Oba (hereinafter referred to as “victim”) driven by Defendant A (hereinafter referred to as “victim”) and the front part of the right fences of the Defendant vehicle, driving to the port from the right side of the Defendant vehicle due to the negligence of failing to drive by looking well at the surrounding area, while driving to the same elementary school from the intersection of the west-gu, west-gu, west-dong, west-gu, west-gu, the front side of the road at the right side of the Defendant vehicle.

(A) Certificate No. 1 and the above accident (hereinafter “instant accident”). The Plaintiff was entrusted by the Minister of Land, Infrastructure and Transport with the duties of compensation under Article 30(1) of the Guarantee of Automobile Accident Compensation Act (hereinafter “Act”) pursuant to Article 45(1) of the same Act.

The Plaintiff calculated the amount of KRW 33,439,80,00 for lost earnings, KRW 38,000 for medical expenses, and KRW 2,400 for consolation money, as a result of the instant accident.

In addition, with respect to lost income and consolation money for the victim, 25,087,860 won [35,839,800 won (2,400 won 2,400,000)] x 70%] shall be paid to the victim by applying the victim's negligence to 30%, and medical expenses shall be 9,000,000 won in total for the status of being entrusted with the affairs concerning compensation within the limit of compensation under the law and paid 34,087,860 won in total.

(A) According to the establishment of the liability for damages and the recognition of the scope thereof, the Defendants are liable for the damages suffered by the victim pursuant to Article 3 of the Automobile Loss Compensation Act, and the Plaintiff may exercise in subrogation the Defendant’s right to claim damages pursuant to Article 39(1) of the Automobile Loss Compensation Act.

Furthermore, the ratio of negligence is examined.

The accident location of this case is an intersection without signal lights, and there is no difference between the intersection and the intersection.

(A) At the same time, Article 26 (3) of the Road Traffic Act does not regulate traffic.

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