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(영문) 서울중앙지방법원 2018.12.20 2015가단115464
손해배상(자)
Text

1. The Defendant’s KRW 9,075,448 for the Plaintiff and KRW 5% per annum from July 8, 2014 to December 20, 2018.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) C: (a) around 11:45 on July 8, 2014, at around 09:00, D’s car (hereinafter “Defendant vehicle”).

) A driver driving his/her vehicle and driving his/her vehicle to turn to the left on the off of the offside eth of the offside eth two-lane road in front of the Suwon-gu, Suwon-si, along one-lanes of the offside eth of the offside eth of the offside eth of the offside. While the front side traffic signal is straighten signal and the left-hand turn sign is installed, he/she is going to turn to the left in violation of the new and traffic sign, and the Plaintiff’s driver’s vehicle (hereinafter referred to as the “Plaintiff’s vehicle”) who is proceeding in accordance with the straight-distance signal from the offside eth of the offside eth.g., the upper part of the

(C) the full part of the Defendant vehicle was received from the right side of the Defendant vehicle (hereinafter referred to as the “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered injury to the right upper frame, etc.

3) The Defendant is an insurer who entered into an automobile comprehensive insurance contract with the Defendant’s vehicle. The Defendant is an insurer who entered into an automobile comprehensive insurance contract for the Defendant’s vehicle. 【Ground of recognition’s absence of dispute, Gap’s evidence 1

3.3 Evidence Nos. 3 to 7, the purport of the whole pleadings

B. According to the above facts, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as the insurer of the Defendant’s vehicle, barring any special circumstance, since the Plaintiff sustained an injury due to the operation of the Defendant’s vehicle.

C. The Defendant asserts that the amount of compensation should be reduced by taking into account the Plaintiff’s failure to perform his/her duty at the time of transfer.

However, as seen above, the defendant's vehicle has left left turn in violation of the left left turn signal in the zone where the left turn is prohibited, and in such a situation, the plaintiff who normally takes the left turn in accordance with the straight lines on the fourth-lane of the opposite part, would have a vehicle left left in violation of the left turn prohibition mark and the signal.

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