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(영문) 광주지방법원 2019.08.30 2019나1448
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Csi (hereinafter “Plaintiff”) and the Defendant is the mutual aid business entity that entered into a mutual aid agreement with D Private Taxi (hereinafter “Defendant”).

B. On June 28, 2018, the Plaintiff’s vehicle driven along the two-lanes of the latter apartment of Northbuk-gu, 2018, the two-lanes of the two-lanes of the two-lanes and passes through the intersection in direct direction according to the straight line. On the other hand, the Defendant’s vehicle driven at the two-lanes of the two-lanes of the straight line, making the right-hand turn to the left at the intersection of the Plaintiff’s vehicle and the front wheeler of the Defendant’s vehicle conflict with each other by making the right-hand turn at the intersection of the two-lanes of the straight line.

(hereinafter “instant accident”). C.

On July 2, 2018, the Plaintiff entered the Plaintiff’s vehicle into the repair business entity, and released the Plaintiff’s vehicle that completed repair on July 4, 2018, and the repair cost of the Plaintiff’s vehicle due to the instant accident is KRW 663,17.

[Basis] Facts without dispute, Gap's statements, Gap's 1 through 3, 5 through 7, Eul's evidence 1, 2 and 5 (including each number), the video and the purport of the whole pleadings

2. The assertion and judgment

A. 1) According to the above fact of recognition, the defendant, the insurer of the defendant vehicle, is liable to compensate the plaintiff for the damages caused by the accident of this case pursuant to Articles 724(2) and 726-2 of the Commercial Act (Liability for Compensation by Insurer of the Automobile), and the defendant, as to this, has been driving by examining whether the defendant vehicle stops in the opposite vehicle or not, and the plaintiff vehicle has neglected its duty of care, taking into account that the vehicle of this case was a non-protective left-hand left-hand part, so the defendant's fault should be reflected at least 30% of the plaintiff's fault, and thus the defendant's liability should be limited.

The driver of any motor vehicle shall, when he/she intends to turn to the left at the intersection, follow the center line of the road in advance.

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