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(영문) 대구지방법원 2015.12.09 2015나13391
손해배상(자)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to the automobile B (B) vehicle B (C) (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer who entered into the automobile comprehensive insurance contract with respect to the automobile D (hereinafter “Defendant vehicle”).

B. On April 28, 2015, around 07:31, A driven the Plaintiff’s vehicle and made a left turn to the left at the intersection of the private street (hereinafter “instant intersection”). However, in a situation where an unclaimed bus prior to stopping stops in a state where the instant intersection was not completely set off, the Defendant’s vehicle, who was in a direct position on the left side of the Plaintiff’s vehicle, did not conflict with the rear part of the left side of the Plaintiff’s vehicle.

(hereinafter referred to as “instant accident”). C.

On May 11, 2015, the Plaintiff paid KRW 2,800,000 for the repair cost of the Plaintiff’s vehicle as insurance money to A.

[Reasons for Recognition] Unsatisfy, Party B’s images, as well as the overall purport of oral arguments, of evidence Nos. 2, 4, and 5 (including branch numbers)

2. We examine and examine the cause of the claim, and examine the above facts. The accident in this case occurred due to negligence of the Plaintiff’s vehicle entering the above intersection before the Plaintiff was completely missing from the intersection while the driver of the Defendant’s vehicle neglected the duty of front-time care. Thus, the Defendant, the insurer of the Defendant’s vehicle, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum as prescribed by the Civil Act from May 12, 2015, the day following the payment date of the insurance money, to June 23, 2015, the delivery date of the copy of the complaint in this case, and 5% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. The defendant's assertion and judgment

A. The Defendant’s assertion is an intersection where traffic control is not performed, and the Plaintiff’s vehicle enters the instant intersection.

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