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(영문) 대구지방법원포항지원 2016.05.10 2014가단7368
손해배상(자)
Text

1. The Defendant’s KRW 16,00,000 as well as 5% per annum from September 19, 2012 to May 10, 2016 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. At around 16:30 on September 18, 2012, the Plaintiff is an intersection that does not have a private distance signal, etc. in front of the Yanguk-dong Yangdong-dong, Chungcheongnam-gu, North Korea at the port (hereinafter referred to as “instant intersection”) with driving B 125cc Ora, owned by the Plaintiff, around 16:30, 2012.

2) At the same time, Nonparty C was driving a DPoter Cargo Vehicle (hereinafter “Defendant”) on the same temporary border at the same time, and entered the Republic of Korea from the side of the Hung Elementary School to the left at the first lane of the first lane.

3) While entering the above intersection, the Plaintiff conflict with the Defendant’s vehicle within the intersection of the Plaintiff Orab. Accordingly, the Plaintiff suffered serious injury, such as the right-hand alley, and the Plaintiff suffered serious injury (hereinafter “instant accident”).

4) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the facts of recognition of the above liability, the defendant is obligated to compensate for the damage suffered by the plaintiff due to the accident of this case pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act and Article 724 (2) of the Commercial Act, unless there are special circumstances as the insurer of the

C. The Plaintiff asserts that the instant accident occurred due to the negligence of Defendant C’s driver who committed an error, etc. that caused the Defendant Company C to have entered the left-hand turn in violation of the duty to yield the course to the Plaintiff’s vehicle that proceeds from the intersection and neglected to keep the front time.

In this regard, the defendant does not reduce the speed when the defendant's vehicle that entered the intersection has almost completed the left turn.

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