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(영문) 대구지방법원 2016.02.03 2015나15786
손해배상(자)
Text

1.The judgment of the first instance, including a claim extended, added, and reduced in the trial, shall be modified as follows:

Reasons

1. Occurrence of liability for damages;

A. Basic facts 1) The Plaintiff’s freight B (hereinafter “Plaintiff’s vehicle”)

A) The owner of the land and the owner of the land are the owner and the defendant is the owner of the C Cargo (hereinafter referred to as the "Defendant Vehicle").

(2) Around 18:00 on May 27, 2014, Non-Party D driven the Defendant’s vehicle at the intersection of five parts, Dong-dong, Busan, the front part of the Plaintiff’s Plaintiff’s vehicle driving, which was going to the right from the left side of the Defendant’s vehicle in front of the Defendant’s vehicle, was shocked into the front part of the Defendant vehicle.

(2) On May 28, 2014, the following day of the instant accident, the Plaintiff’s vehicle, etc. was damaged by the rear wheels part, etc., and the Plaintiff was diagnosed by the E Hospital on May 28, 2014 at the time of the instant accident, on the following day of the instant accident. The Plaintiff was diagnosed by the E Hospital on May 28, 2014 at the time of the instant accident, and was diagnosed by the said hospital on the part of the Plaintiff’s vehicle from May 28, 2014.

6. Until July 17, the person was hospitalized for 21 days.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5, and 8 (including branch numbers for those with additional numbers), the purport of the whole pleadings

B. According to the above facts of recognition of liability, the defendant is liable for damages sustained by the plaintiff due to the accident of this case.

C. The Defendant, as to whether the instant accident occurred, has the duty of care to safely yield each other to the drivers of vehicles passing through the said intersection, as the intersection of the wharf store where the width or the bus line of the instant accident is unclear.

In other words, the driver of the original defendant vehicle has neglected the above duty of care and entered the intersection of the above passage at the same time.

The accident of this case occurred, in particular, the plaintiff's vehicle should yield the course to the defendant's vehicle entering the right-hand side while entering the above intersection where traffic is not controlled.

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