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(영문) 인천지방법원 2020.01.14 2018가단264955
손해배상(자)
Text

1. The Defendant’s KRW 25,356,263 as well as 5% per annum from July 27, 2016 to January 14, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On July 27, 2016, the Plaintiff: (a) driven a freight vehicle 21:05 C on July 27, 2016; (b) caused an accident of collision with D Driving E Free Vehicle, which violated the signal to turn to the left and immediately left in accordance with the new subparagraph, on the yellow-ro Libered Road.

B. The Plaintiff suffered injuries, such as the subsequent exit of the ancient tolerance and the balone for the cause of the balone’s retirement, etc., due to the instant accident.

C. The defendant is the insurer of the household.

[Ground for Recognition: Unsatisfy Facts, entry of Gap evidence 1 and 2, purport of whole pleadings]

2. According to the above fact of recognition of liability for damages, the defendant, who is the insurer of the damage vehicle, is obligated to compensate the plaintiff for the damages sustained by the accident in this case under Article 10 of the Guarantee of Automobile Accident Compensation Act and Article 724(2) of the Commercial Act.

The defendant asserts that the negligence that the plaintiff neglected to perform the duty of the front-time care should also be taken into account on the ground that the vehicle was moving ahead of the three-lanes by using the two-lanes, that the head of the vehicle shows well the harming and that there was no hindrance to discovering the harming vehicle. The plaintiff was the first vehicle in the signal atmosphere, and the plaintiff could easily discover and respond to the harming vehicle at the time of departure after the signal change.

Except in extenuating circumstances, the driver of a vehicle driving along an intersection where traffic is controlled by signal, etc., is sufficient when other vehicles are believed to observe traffic regulations and take appropriate measures to avoid collision, and there is no duty of care to take special measures to prevent accidents prior to the occurrence of accidents, even in cases where other vehicles violate the signal and drive their course in order to avoid collisions.

However, there are other vehicles already entering the intersection even if they are drivers of vehicles driving in compliance with signal.

or another vehicle is in the direction of its proceeding.

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