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(영문) 수원지방법원 2019.11.28 2018나74600
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Defendant is the owner of Hone Star vehicle (hereinafter “Defendant vehicle”), and Nonparty F is the Defendant’s employee who caused the following traffic accidents while driving the instant vehicle.

B. F, around April 15, 2014, at around 20:07, driving the instant Defendant’s vehicle, and driving along the two-lane road in front of the 316th parallel heading in the direction of D(D) with the sex of Ansan-si, Ansan-si.

During the left-hand turn which is not protected in the direction of G School, the Plaintiff’s E-Engine Engine bicycle (hereinafter “Plaintiff’s Vehicle”) was sent to the front part of the Defendant’s vehicle, which was sent in accordance with the straight signal from the opposite part.

(hereinafter “instant accident”). C.

The Plaintiff suffered from the injury to the left-hand Bridge due to the instant accident, and was hospitalized in the I Hospital from April 17, 2014 to May 7, 2014, and was hospitalized in the I Hospital on April 18, 2014.

The F agreed on August 28, 2014 with respect to the instant accident and paid the agreed amount of KRW 2 million.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts and the evidence mentioned above, the accident of this case occurred while the F was operating the defendant vehicle of this case at the time of the accident of this case, and it was not stopped immediately before the passage of the crossing and the left-hand turn at the front. Thus, the defendant is liable to compensate the damages suffered by the plaintiff as the operator of the defendant vehicle of this case as the plaintiff of this case.

B. However, according to the descriptions and images of the evidence B Nos. 1 and 2, the Plaintiff was driving without a license at the time of the instant accident, and the Plaintiff did not wear a fitness while entering the intersection without reducing the speed.

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