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(영문) 인천지방법원 2015.11.30 2015가단10843
손해배상(자)
Text

1. The Defendant: (a) KRW 236,396,09; and (b) 5% per annum from January 10, 2015 to November 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 9, 2015, B driven a C-city bus (hereinafter “instant vehicle”) on January 9, 2015, and caused D’s death by shocking the error of D’s driving, which was left left pursuant to the new subparagraph, while directly driving in violation of the signal at the 32rd intersection in Gyeyang-gu Incheon Metropolitan City.

(hereinafter “instant accident”). (b)

D The Plaintiff, a dependent, solely inherited D’s property, and the Defendant, as an insurer who entered into a mutual aid agreement for the instant vehicle, paid KRW 7,745,050 for D’s medical expenses and paid KRW 5 million for the Plaintiff, a bereaved family member.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1, the purport of whole pleadings

2. According to the above facts finding that liability for damages occurred, the Defendant, as the insurer of the instant vehicle, is liable for all damages incurred by the Plaintiff due to the instant accident.

On the other hand, the defendant asserts that the negligence should be set off on the ground that B did not properly examine the progress of the instant vehicle that entered the intersection, while having been straighted in violation of B’s signal, D is negligent in performing the duty of pre-control, and as such, D is first required to do so.

Except in extenuating circumstances, the driver of a vehicle driving along an intersection where traffic is controlled by signal, etc. shall also be sufficient when other vehicles are believed to observe traffic regulations and take appropriate measures to avoid collision, and there is no duty of care to take special measures to prevent accidents in advance due to the prediction that other vehicles violate the signal and the course of the vehicle is obstructed or they are expected to drive along with the signal. However, even if the driver of a vehicle driving in compliance with the signal is a driver of a vehicle driving along the signal, there is another vehicle already entering the intersection.

or another vehicle has a signal to its proceeding direction.

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