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(영문) 광주지방법원 2020.05.14 2019나62160
손해배상(자)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of a CSP car (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity that has concluded a mutual aid agreement with respect to D buses (hereinafter “Defendant”).

B. At around 21:40 on March 13, 2018, E: (a) driven by the Defendant’s vehicle, and proceeds from the intersection in front of the CFF loan from the right wing distance to the upper wing line; (b) was received from the front part of the Defendant’s front front part of the Plaintiff’s vehicle, which was followed by the straight line at four-lane straight lines, while entering the intersection and making a left-hand turn at the time of the straight-hand signal; and (c) was received from the front part of the Defendant’s front part.

(hereinafter “instant accident”). C.

The Plaintiff suffered injury, such as “brain sugar without any heat in the opening,” etc. due to the instant accident, and received hospitalized treatment for 13 days from March 13, 2018 to March 26, 2018 at H Hospital located G located in G, and disbursed KRW 854,520 to its medical expenses. The daily allowances of the Plaintiff accompanying the Plaintiff are KRW 75,367.

In addition, with respect to the Plaintiff’s vehicle due to the instant accident, the Plaintiff spent KRW 200,000 as the cost of installing the damaged black box, and KRW 120,000 as the cost of installing the damaged fireproof unit.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Gap evidence 8 and 9, Eul evidence 5 video, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s instant accident occurred due to the Defendant’s violation of the signal, and the occurrence of the Defendant’s total negligence. Therefore, the Defendant, the insurer of the Defendant’s vehicle, is liable to compensate the Plaintiff for the damages incurred by the instant accident.

B. Of the four-lanes in the direction of the road in which the Plaintiff vehicle is driving, there had already been signaled vehicles on the three-lanes in the direction of the road, and the signal atmosphere vehicles confirmed and waiting while the Defendant vehicle entered the intersection and went out. The Plaintiff vehicle does not confirm at all the situation of the intersection.

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