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(영문) 대전지방법원 2020.09.18 2019나120068
손해배상(자)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Judgment on the issue

A. On March 16, 2019, around 19:15, the Plaintiff asserts that there was a negligence of at least 20% on the part of the Plaintiff-owned taxi and the Plaintiff’s insured vehicle (Ma2) in the four streets prior to the Dcafeteria located in Seo-gu Daejeon, Daejeon, the taxi owned by the Plaintiff is without fault, and that the Plaintiff claimed KRW 10,326,513 in total of the vehicle repair cost and the amount of temporary closure damage incurred by the Plaintiff.

B. In full view of the following facts and circumstances, it is difficult to recognize negligence with the Plaintiff-owned taxi in the above accident, taking into account that there is no dispute between the parties, or that there is evidence Nos. 4 and 1-3, 4, 6, and 7 of the evidence Nos. 1, and the video Nos. 9:

In other words, the direction of the plaintiff-owned taxi proceeding is signaled, and the defendant's moving toward the insured vehicle is not signaled.

Plaintiff

The owned taxi came to the intersection through the straight line.

In physical examination of shock and stop points after the accident, the insured vehicle of the defendant is judged to have first entered the intersection, but in full view of the difference in the degree, traffic situation of the accident site, accident time, etc., there is no circumstance to point out that the plaintiff-owned taxi under the normal new subparagraph has care in relation to the occurrence of the accident.

2. Conclusion, the Defendant is obligated to pay to the Plaintiff the above KRW 10,326,513, as well as damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act that the Plaintiff seeks from March 16, 2019, to November 5, 2019, the delivery date of the duplicate of the application form for modifying the purport of the instant claim and the cause of the instant claim, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.

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