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(영문) 부산지방법원 2018.03.27 2017가단301052
손해배상(자)
Text

1. The Defendants jointly share the Plaintiff C with KRW 704,228,024, and KRW 3,000,000 to Plaintiff A, and KRW 3,00,000 to Plaintiff B, and Plaintiff.

Reasons

1. Basic facts

A. On December 5, 2016, Defendant E driven a G car (hereinafter “Defendant vehicle”) on and around 21:13, along with the road on which there is no one ahead of I located in the G of the thought-gu Busan Metropolitan City, Defendant E proceeding to the Office of Science and Technology on the side of the front wall market. While the intersection without signal, Defendant E passing through the intersection without signal, Defendant E, along one-lane of the two-lane road along the right side from the left side of the running direction of the vehicle, caused an accident of collision between Plaintiff C driver J 125cc, who opened the said intersection in accordance with one-lane of the two-lane road on the right side of the Defendant vehicle (hereinafter “Plaintiff Oba”), with the front part of the Defendant vehicle (hereinafter “instant accident”).

B. In the instant accident, the Plaintiff C suffered injuries, such as dystrophal strokes (overboard) and cerebral strokes, etc.

C. Plaintiff A and B are the parents of Plaintiff C, Plaintiff D is the type of Plaintiff C, and Defendant F is the owner of Defendant vehicle, and Defendant E is the father of Defendant E.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. In full view of the facts acknowledged as above, the driver of a vehicle seeking to enter an intersection where traffic control is not performed, shall slow down if the width of the intersection is wider than that of the road where the vehicle passes, and if there are other vehicles seeking to enter the intersection where the width is wider than that of the road where the vehicle passes, the driver of the vehicle shall yield the course for the vehicle. However, the defendant E, in violation of the above crossing method, caused the instant accident where the plaintiff, who entered the intersection where the vehicle is wider than that of the road where the vehicle is passing, conflicts with the plaintiff's Oba, who entered the intersection where the vehicle is wider due to negligence without making a clear examination of the aforementioned crossing method, and as such, the defendant E is a driver who drives the vehicle of the defendant, and the defendant F is jointly a person who owns the vehicle of the defendant and thereby causes the damage of the plaintiffs caused by the instant accident.

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