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(영문) 대구지방법원 2012.08.23 2011나10042
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Occurrence of liability for damages;

A. Grounds for liability

(1) At around 01:20 on January 28, 2007, D driving a F-si owned by E Co., Ltd. (hereinafter “A-owned taxi”) and driving the F-owned taxi at the speed of 20km from the Hacheon-dong to the law-interest intersection in accordance with the two-lanes of H near H located in Shidong-dong-dong-dong-si, in order to pass the I-Motor vehicle of Plaintiff A (hereinafter “victim”) driven in the front side of the vehicle, after changing the vehicle into the first one, passed the damaged vehicle, and changed the vehicle again into the second two-lane, and the latter part of the damaged vehicle conflicts with the latter part of the damaged vehicle into the left side of the damaged vehicle, and the Plaintiff A, who was parked in the third lane but was parked in the front of the left side of the K-owned vehicle, thereby causing the Plaintiff to suffer from halinitis, e.g., e., salvinitis, salk-initis, and the latter part.

d. Meanwhile, the defendant is an insurer who has entered into a mutual aid agreement for the purpose of compensating losses under the Guarantee of Automobile Accident Compensation Act with respect to a household-employed vehicle, and the plaintiff B is its father.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 2 (including additional number), witness D's testimony, the purport of the whole pleadings

B. According to the above facts, the defendant is the insurer of a sea-going vehicle and is responsible for compensating the plaintiffs for all damages incurred by the accident that occurred during operation.

C. Limitation on liability

(1) On the other hand, according to the above facts, even if the plaintiff A should drive safely in preparation for the change of the vehicle line, it was negligent in neglecting the left and the right in preparation for the change of the vehicle line and caused the accident. Since such error was caused, it is reasonable to consider it in determining the amount of damages to be paid by the defendant. However, it is reasonable to see that the rate is 10% in total in light of the circumstances surrounding the occurrence of the accident.

d. The Defendant shall set up the teas. The Defendant shall do so.

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