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(영문) 대구지방법원 2021.02.18 2019나323942
손해배상(자)
Text

The judgment of the first instance court is modified as follows.

A. The Defendants jointly share KRW 1,314,257,527 with the Plaintiff and the Defendants.

Reasons

1. Occurrence of liability for damages;

A. The facts acknowledged. (1) On July 30, 2013, Defendant B driven D’s Habbba (hereinafter “Defendant vehicle”) around 17:15, and turned off the 88 expressway from Daegu to Daegu at a point 137 km in the direction of Gwangju, and received the Plaintiff’s EYF YF Last or another car (hereinafter “Plaintiff’s vehicle”) driving along the median line beyond the median line (hereinafter “the instant accident”) (hereinafter “the instant accident”). The instant accident sustained the Plaintiff’s injury, such as the Plaintiff’s injury to the Plaintiff’s Haba, such as the mouth and mouth 4 and 5 raba, 3 e.g., release of the river, damage to the Plaintiff’s inner mouth, and the Plaintiff’s injury to the Plaintiff’s left-hand side, such as the Plaintiff’s death, and the Plaintiff’s injury to the Plaintiff’s Hababa.

3) Defendant C Co., Ltd is an insurer who has concluded a comprehensive automobile insurance contract with the Defendant vehicle.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, and 14 (including number satfy) and the purport of the whole pleadings

B. According to the facts of recognition as above, Defendant B is the driver of the Defendant vehicle, and Defendant C is jointly liable to compensate the Plaintiff for the damages caused by the instant accident, barring any special circumstance, as the insurer of Defendant B.

(c)

1) The Defendants asserted that, inasmuch as the Highway where the instant accident occurred was installed separately at the center of the road and was unloaded at the time, the Defendants should proceed with two lanes as much as possible, if they do not have to overtake other vehicles. However, the Defendants asserted that, even if they were not to overtake, the Plaintiff is driving on a one-lane, which is the overtaking way, and the instant accident was caused by negligence, the Defendants’ liability should be limited by taking account of the negligence.

2) A motor vehicle driver who operates a road along which a center line is installed along his/her own bus line is obliged to operate the motor vehicle coming from the center line in compliance with his/her own bus line.

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