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(영문) 전주지방법원 2016.03.25 2014가단42754
손해배상(자)
Text

The defendant is 5% per annum from August 18, 2013 to March 25, 2016 to the plaintiff A, as well as 32,980,640 won.

Reasons

On August 18, 2013, E, at around 05:00, driven a F typ vehicle (hereinafter referred to as “Defendant vehicle”) at a point 3.3 km from Pyeongtaek-si north-west of Pyeongtaek-si, while driving a vehicle at a point 3.3km from Pyeongtaek-do. Plaintiff A, at the same time, is driving the vehicle of G freezing for the same hour (hereinafter referred to as “Plaintiff”)

)를 운전하여 같은 지점 2차로를 진행하고 있었다. 그러던 중 피고 차량은 좌측 중앙분리대를 들이받고 튕겨져 나가면서 우측 갓길에 전복되었고, 원고 차량은 1차로에 우전도되는 사고(이하 ‘이 사건 사고’라 한다

A) A. (No. 2-1 and No. 12) A. B. The Plaintiff is the spouse of the Plaintiff A, and the Plaintiff C and D are the children of the Plaintiff (Evidence No. 1 of the Plaintiff), and the Defendant is the insurer who entered into an automobile comprehensive insurance contract for the Defendant’s vehicle. [Grounds for recognition] In full view of the following circumstances, it is reasonable to deem that the instant accident is an accident where the Defendant’s driver was negligent in moving-out and moving-out or mistakenly handles the steering gear. The Defendant’s assertion that there was negligence on the part of the Plaintiff who entered into an automobile comprehensive insurance contract for the Defendant’s vehicle is difficult to accept. Accordingly, the Defendant is liable to compensate for the Plaintiff’s damage caused by the instant accident as the insurer who entered into the instant automobile comprehensive insurance contract for the Defendant’s vehicle. The traffic accident report on the instant accident includes only the causes of the accident, and the Plaintiff’s driver is indicated as the cause of the accident, and the Defendant’s failure to pay attention to the Plaintiff’s vehicle (Evidence No. 11-2 of the Plaintiff, and the Defendant’s driver. 18.

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