logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.11.25 2018가단214279
손해배상(자)
Text

The Defendant against the Plaintiff A, KRW 34,338,724, KRW 1,00,00 for Plaintiff B, and KRW 500,00 for Plaintiff C and each of the said money.

Reasons

1. Facts of recognition;

A. The Defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to the E-Poter Cargo Vehicles (hereinafter “Defendant vehicle”).

B. On June 19, 2017, F: (a) around 07:18, driving the Defendant’s vehicle on the side of the 33-hon-ro 6-1,000-Yon-ro, Taedong-gu, Daejeon, Daejeon, and driving the Defendant vehicle along the intersection without signal, etc. from the boundary of the conversation to the direction of the signal, and the part of the Plaintiff’s bicycle riding on the right side from the left side of the Defendant’s driving direction to the bicycle lane was collisioned with the front side of the Defendant’s driving direction; and (b) thereby, the Plaintiff A suffered injury, such as the motor vehicle abandonment to the left side.

(hereinafter referred to as the “accident,” and the circumstances leading up to the accident are as shown in the attached Form 1. C.

Plaintiff

B is the wife A, and the plaintiff C is the infant of the plaintiff A.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, 5, 6, 7 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 2, 3 and 6, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above fact of recognition of liability, the defendant, the driver of the defendant vehicle, is liable to compensate for damages because the plaintiff A sustained an injury due to the operation of the defendant vehicle.

[The instant accident occurred at an intersection without signal lights, and considering the difference between the speed of the Plaintiff’s bicycle and Defendant’s vehicle and shock level (in front of the Defendant’s vehicle, the Plaintiff’s bicycle appears to have first entered the intersection).

Restrictions on liability: Provided, That the Plaintiff’s negligence is recognized as having been negligent in promoting the safety of the instant accident, such as temporary suspension, since the instant accident location was an intersection without signal, and such negligence contributed to the occurrence and expansion of the instant accident, the Plaintiff’s negligence shall be deemed 30%, and the Defendant’s responsibility shall be limited to 70%.

3. The scope of damages shall be below.

arrow