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(영문) 서울중앙지방법원 2019.01.30 2018가단5042791
손해배상(자)
Text

1. The Defendant’s KRW 504,367,524 as well as the Plaintiff’s annual rate from April 1, 2017 to January 30, 2019.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) D is as follows: (a) A car at around 21:00 on April 1, 2017 (hereinafter “Defendant vehicle”).

)를 운전하여 성남시 분당구 분당로 190 효자촌사거리를 서현사거리 쪽에서 서당사거리 쪽으로 신호를 위반하여 좌회전하다가 서당사거리 쪽에서 샛별사거리 쪽으로 신호에 따라 직진하던 F 운전의 G 오토바이를 들이받았다(이하 ‘이 사건 사고’라고 한다

(2) As a result, F (hereinafter “the deceased”) died of an external traumaed propopacy at around 16:25 April 2, 2017.

3) The Plaintiff is the deceased’s offspring, and the Defendant is the insurer who concluded a comprehensive automobile insurance contract with respect to the Defendant’s vehicle. [Grounds for recognition] There is no dispute, Gap’s evidence Nos. 1 through 4, 6, 16, 17, and Eul’s evidence No. 1 (including paper numbers, and the purport of the whole pleadings

B. According to the facts of recognition of liability, the defendant is liable for damages sustained by the deceased and the plaintiff due to the accident of this case as the insurer of the defendant vehicle.

C. The defendant asserts that the limitation of liability is against the defendant's vehicle who entered the intersection by negligence, without considering the traffic situation of the crossing and without considering the left-hand left-hand turn, and that the defendant's liability should be limited in consideration of this, since the defendant's negligence, at the time of the accident, did not wear the safety cap

However, the driver of a vehicle driving along an intersection where traffic is controlled by signal, etc., is sufficient to observe traffic regulations and to believe that other vehicles are also to take appropriate measures to avoid collision, except in extenuating circumstances, and there is no duty of care to take special measures to prevent the occurrence of accidents, as it is anticipated that other vehicles violate the signal, and the other vehicles are driving along their course, or are receiving the vehicle.

As seen earlier, the defendant vehicle has a left turn signal.

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