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(영문) 대구지방법원 김천지원 2018.12.06 2018가단1120
손해배상(자)
Text

1. The Defendants jointly share KRW 6,149,549 with respect to the Plaintiff and the period from December 3, 2017 to December 6, 2018.

Reasons

1. Basic facts

A. On December 3, 2017, the Plaintiff driven a freight vehicle owned D (hereinafter “Plaintiff”) and operated the E-owned vehicle on the e-owned surface of the Dong-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si, the Defendant B was driving a Fcar owned by the Defendant C (hereinafter “Defendant”) on the part of the Gosi-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si

Plaintiff

Around 15:40 on December 3, 2017, the vehicles and the Defendant vehicles entered the agricultural street street along the yellow-ro road in the Gu-U.S. Si-U.S. Si-S., the intersection without signal, and there was an accident of collision between the fronter on the right side of the Plaintiff vehicle and the front and rear part on the left side of the Defendant vehicle.

(hereinafter “instant accident”). (b)

Defendant B was without a license at the time of the instant accident, and the Defendant’s vehicle was the right-hand side of the intersection and the entry vehicle.

C. The Plaintiff sustained injury, such as the pressure frame No. 3 in the instant accident.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, 3, 9, and 17, the result of the order to submit a report to Samsung Fire Marine Insurance Co., Ltd., and the purport of the whole pleadings

2. Occurrence of and limitation on liability for damages;

A. According to the above facts of recognition of damages liability, the Defendants are liable to compensate the Plaintiff for damages caused by the instant accident, barring any special circumstance.

The Defendants asserted that the instant accident occurred due to the Plaintiff’s breach of safety duty, and thus, the Defendants’ liability for damages is not recognized. However, according to the records in Gap evidence No. 1, the inquiry of the fact about the old U.S. police station in this court, according to the Defendant’s order to submit the Samsung Fire Marine Insurance Co., Ltd. and the entire purport of the pleadings, Defendant B also driven the Defendant’s vehicle with a non-license, and was negligent in entering and driving the crossing without any signal. Thus

(b) Limitation of liability for damages: Provided, That in the case of an intersection without any signal, the right shall be applied.

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