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(영문) 대전지방법원 2021.03.10 2019가단107033
손해배상(기)
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 33,008,468 and 5% per annum from February 27, 2019 to March 10, 2021.

Reasons

1. Occurrence of liability for damages;

A. The Plaintiff is the victim of the instant accident, and the Defendant B (1951) is the driver of the Plaintiff’s private taxi (hereinafter “Defendant”) and the Defendant C Federation is the insurer who entered into a mutual aid agreement on the Defendant’s vehicle.

On February 27, 2019, the Plaintiff driven BMW R 1200Raba (hereinafter “Plaintiff Oba”) around 8:30 on February 27, 2019, and led to the collision of Plaintiff Obaba, which was the front part of the vehicle’s front line, on the ground that the Defendant’s vehicle, who was making a non-protected left-hand turn in the opposite direction, was in the front part of the vehicle, and was in the front part of the front line, in accordance with the straight line of the front line.

【Ground of recognition】 Evidence Nos. 1 through 3, Eul’s evidence Nos. 2, and the purport of the whole pleadings

B. As above, Defendant B was injured by the Plaintiff due to the operation of Defendant vehicle, barring any special circumstance, and Defendant C’s federation is jointly and severally liable for the Plaintiff’s damage caused by the instant accident as an insurer.

(c)

Whether or not to limit liability: The plaintiff, in light of the absence of the plaintiff's negligence, was faced with the accident of this case while proceeding in accordance with the straight line of the front bank. The driver of a vehicle driving an intersection along the green light along the intersection where traffic control is performed by signal, etc. shall be sufficient to ensure that other vehicles are also believed to observe traffic laws and take appropriate measures to avoid collision, and there is no duty of care to take special measures to prevent the occurrence of the accident in advance when other vehicles violate the signal and proceeding along their course (see, e.g., Supreme Court Decision 98Da14252, Jun. 12, 1998). Accordingly, the driver of a vehicle driving the intersection along the green light with the signal, etc. shall not be obliged to take special measures to prevent the occurrence of the accident in advance (see, e.g., Supreme Court Decision 98Da14252, Jun.

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