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(영문) 의정부지방법원 2019.08.28 2017가단105418
손해배상(자)
Text

1. The Defendant’s KRW 13,069,468 to the Plaintiff and KRW 5% per annum from June 10, 2016 to August 28, 2019.

Reasons

1. Occurrence of liability;

A. The Plaintiff, at around 18:00 on June 10, 2016, driven a C Two-wheeled Motor Vehicle (Obaba) and continued to drive a straightway to D neighboring intersection in Sungnam-gu, Sungnam-si, and received the Fcab of E driving, which first entered from the opposite direction to the left at the left.

(hereinafter “instant accident.” The Plaintiff suffered injury, such as “the escape from the river mouth,” etc. due to the instant accident, and received hospitalized treatment at G Hospital for 22 days from June 10, 2016 to July 1, 2016, and received hospital treatment for a considerable period of time even after the discharge.

[Reasons for Recognition] Unsatisfy, Gap 3-7 evidence, Eul 1-2 evidence, the purport of the whole pleadings

B. According to the above facts found in the defendant's liability to pay insurance proceeds, it is determined that the accident of this case occurred due to negligence that E neglected to perform the duty of pre-determination.

Therefore, as E is liable for compensating the Plaintiff for damages caused by the instant accident, the Defendant, the insurer of the E-driving taxi, is obligated to pay the Plaintiff insurance money equivalent to the above amount of damages.

2. The place of occurrence of the instant accident was an intersection where traffic has not been controlled by signal apparatus, etc.

The driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled, is obligated to yield the course to other motor vehicles when the motor vehicle is already traveling through the intersection (Article 26 (1) of the Road Traffic Act), and the driver of any motor vehicle prior to the two-wheeled motor vehicle of the plaintiff driver's license, was stopping by yield the course to the motor vehicle of the E-driving where the driver is already driving

Despite this situation, the plaintiff was passing through the " bicycle exclusive lane installed towards India" and was passing ahead of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle and received the back portion of the taxi in front of the

(A) Evidence Nos. 3, 1, 2, and 5, and the purport of the entire pleadings. The occurrence of the instant accident and the road situation at the time, etc.

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