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(영문) 전주지방법원 2020.09.18 2019가단3655
손해배상(자)
Text

The defendant's KRW 22,123,200 to the plaintiff is 5% per annum from January 30, 2018 to September 18, 2020.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Plaintiff is C Truck (hereinafter “Plaintiff”)

the owner of the vehicle, and the defendant shall be the E-vehicle operated by D (hereinafter referred to as the "Defendant Vehicle").

2) Around January 30, 2018, the Plaintiff entered into an integrated automobile insurance contract with F and the Plaintiff’s vehicle and operated and managed the Plaintiff vehicle independently. 2) F around January 30, 2018, around 17:50, the container was loaded on the container wharf located in G and moved to the direction of the exit.

While F is going to turn to the left at the intersection in a container terminal (hereinafter “instant intersection”), the Defendant’s vehicle, who was straight from the right-hand edge of the Plaintiff’s vehicle, is driving in the direction from three lanes to one lane, and the Defendant’s vehicle is driving in the direction from three lanes to one lane, and the front front of the Plaintiff’s vehicle was shocked at the right-hand edge of the driver’s seat of the Defendant vehicle.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence Nos. 1 through 3, 8 (including paper numbers, hereinafter the same shall apply), Eul evidence No. 2, and the purport of the whole pleadings.

B. If the facts acknowledged prior to the recognition of liability for damages added to the appraisal result of appraiser H and the purport of the entire pleadings, the accident of this case occurred as the Plaintiff’s vehicle, while entering the instant intersection at a very rapid speed above the speed of limitation on the right side while the Defendant’s vehicle entered the instant intersection, leading to shocking the Plaintiff’s vehicle. Therefore, the Defendant, the insurer of the Defendant’s vehicle, is liable to compensate the Plaintiff’s damage caused by the instant accident.

C. Restrictions on liability for damages: Provided, That it is difficult to regard the location of the instant accident as a road under the Road Traffic Act.

In light of the fact that a vehicle line is maintained without any difference from a general road and the vehicle is driven along the vehicle line and is actually used as a road under the Road Traffic Act, the plaintiff is in this case.

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