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(영문) 대전지방법원천안지원 2017.09.20 2016가단3535
손해배상금
Text

1. The Defendant’s KRW 5,235,831 as well as the Plaintiff’s annual rate of 5% from February 22, 2015 to September 20, 2017.

Reasons

1. Facts of recognition;

A. On February 22, 2015, the Plaintiff driven a B-car (hereinafter “Plaintiff”) around 4:05, while driving the Plaintiff’s car, the Plaintiff was driving in the direction of two straight lines in the direction of the Ministry of Labor, depending on yellow flickering signals.

At the time D si (hereinafter referred to as “Defendant vehicle”) was straighted in the direction of the D si from the direction of the Statistics Korea, in accordance with red-band-off signals, and received the front side of the Plaintiff vehicle as the front part of the Defendant vehicle.

(hereinafter “instant accident”). (b)

As a result of the instant accident, the Plaintiff suffered injuries, such as light dump dump, tension, hump base, right hand hump, etc.

C. The defendant is a mutual aid business operator who has entered into a mutual aid agreement for the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 6, Eul evidence 1 and 3, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts finding the responsibility, it is reasonable to view that the instant accident occurred by the negligence of the Defendant’s vehicle, which was conducted in accordance with the red on-and-off signals, without temporarily stopping at the intersection.

Therefore, the defendant is liable for compensating the plaintiff for the damages caused by the accident in this case as the insurer of the defendant vehicle.

B. Limit of liability, however, the Defendant’s liability is limited to 70% by taking into account all the circumstances acknowledged by each evidence, such as the Plaintiff’s entry into the intersection without decreasing the speed to yellow on and off signal at the time of the instant accident.

3. The fact that there is no dispute over the scope of liability for damages [based on recognition], the evidence set forth in subparagraphs 4 through 6, Eul's evidence set forth in subparagraph 2, and the purport of whole pleadings.

A. Personal information and income gender: Women and date of birth: E income: 2,023,890 won per month) and rate of loss of labor capacity can be recognized as having received hospitalized treatment from February 23, 2015 to March 3, 2015, the date following the occurrence of the instant accident.

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