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(영문) 대구지방법원 2018.05.24 2017나312856
손해배상(자)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Occurrence of liability for damages;

A. Basic facts 1) The Plaintiff is a B-A-to-pur vehicle (hereinafter referred to as “Plaintiff-to-pur vehicle”).

A) A person operating the vehicle, and the Defendant is the Defendant’s DNA bargaining vehicle (hereinafter “Defendant”) owned by C.

A) On August 25, 2014, around 09:20 on August 25, 2014, the new Park Park Sacheon-dong, Sincheon-dong, Sincheon-gu, Sacheon-do, where the Plaintiff’s front right side of the Plaintiff’s vehicle and the left-hand side of the Defendant’s vehicle (hereinafter “instant accident”).

3) On August 25, 2014, from around September 5, 2014, to around September 5, 2014, the Plaintiff received hospitalized treatment at the Yong-Nam National University Hospital, Youngcheon University Hospital, E Council members, and Fneology. The Plaintiff paid KRW 2,386,930 in total of the Plaintiff’s medical expenses incurred from the instant accident. [In the absence of dispute over the grounds for recognition, Gap’s evidence Nos. 1, 10, Eul’s evidence Nos. 1, 2, and 4, and the purport of the entire pleadings, as a whole.

B. According to the above recognition of liability, negligence such as the Plaintiff’s negligence and the Defendant’s violation of the duty of front-time care for the driver of the Defendant’s vehicle may also be deemed to have caused the instant accident. Thus, the Defendant, as an insurance company of the Defendant’s vehicle, is liable to compensate for the damages suffered by the Plaintiff

C. In light of the limitation of liability, Article 26(2) of the Road Traffic Act provides, “The driver of a vehicle who intends to enter an intersection where traffic is not controlled shall slow down if the width of the intersection is wider than that of the road on which the vehicle passes, and if there are other vehicles seeking to enter the intersection where the width is wider than that of the road on which the vehicle is passing, the vehicle shall yield the course to the vehicle.” According to the overall purport of the entries and arguments in the evidence No. 10, No. 10, No. 2, the point of the accident in this case is an intersection without signal apparatus, and at the time, the vehicle of the Plaintiff at the time is narrow.

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