logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2020.11.27 2019가단65704
손해배상(자)
Text

1. The Defendant’s KRW 7,698,511 as well as 5% per annum from November 8, 2017 to November 27, 2020, respectively, to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

가. 인정사실 원고는 2017. 11. 8. 10:05경 C 화물차량(이하 원고차량이라고 한다)을 운전하여 서귀포시 토평사거리 쪽에서 남주고 사거리 쪽으로 직진하다가 아래 도면(#2번 차량이 원고차량)과 같이 좌회전하기 위해 정차하여 있던 중 피고차량(#1번 차량이 피고차량)이 전면부로 원고차량의 후면부를 충격하였고, 원고차량이 앞으로 튕겨나가며 반대차로에서 직진하던 차량과 전면부끼리 충돌하는 사고가 발생하였다

(hereinafter referred to as the "accident". The defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid agreement with the defendant vehicle.

【Ground of recognition】An absence of dispute, entry of Gap 1’s evidence, and purport D of the whole pleading

B. The Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident as a mutual aid business operator of the vehicle, since the Plaintiff sustained an injury due to the operation of the Defendant’s vehicle based on liability.

C. The Defendant asserts that the responsibility of the Defendant should be limited due to the fault stopped by the Plaintiff in order to make a left-hand turn at a zone where the left-hand turn is prohibited. 2) The driver of the preceding vehicle shall not make a sudden operation, such as making a sudden stop of the vehicle, reducing the speed of the vehicle, etc. (Article 19(4) of the Road Traffic Act), and the driver of the latter vehicle shall proceed with the vehicle by securing the safety distance necessary to avoid the collision and maintaining it where the preceding vehicle stops suddenly.

(Article 19(1) of the Road Traffic Act. In this case, the Plaintiff’s vehicle did not seem to have operated the vehicle as at the time of the accident, and only it appears that the Defendant’s vehicle did not sufficiently secure the safety distance with the Plaintiff’s vehicle, which is the preceding vehicle, or was negligent in neglecting the safety distance with the front vehicle.

The location of the accident in this case is the intersection of the private distance between the intersection and the intersection.

arrow