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(영문) 대구지방법원 2017.05.12 2016가단14345
손해배상(기)
Text

The defendant shall pay 4,950,000 won to the plaintiff and 5% per annum from September 27, 2015 to May 12, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of BKaN Trac (hereinafter referred to as “Plaintiff”) and the Defendant is the insurer who has acquired the liability to compensate for damages due to the personal and physical accidents of Dchip vehicle C (hereinafter referred to as “Defendant vehicle”).

B. Around 12:00 on September 27, 2015, the Defendant vehicle proceeded in a two-lane of the 3-lane of the 3-lane of the 3-lane of the 3-lane of the 3-lane of the e-mail in the e-mail of the e-mail of the Daegu Jung-gu, Daegu as an equitable method, and the e-mail of the e-mail of the e-mail of the e-mail, and the e-mail of the e-mail of the e-mail of the e-mail of the vehicle,

(hereinafter “instant accident”). [Ground of recognition] A-1] Fact that there is no dispute, entry of evidence No. 1, and purport of the whole pleadings

2. Occurrence of liability for damages;

A. The judgment on the cause of the claim (1) The driver of any motor vehicle shall not change the course when it is likely to impede the normal passage of another motor vehicle running in the direction to change the course of the motor vehicle (Article 19(3) of the Road Traffic Act). (2) According to the above facts, the accident in this case is an accident caused by neglecting his/her duty to not change his/her course in the case where the driver of the motor vehicle is likely to change his/her course from the second lane to the third lane of the motor vehicle (Article 19(3) of the Road Traffic Act).

B. As to the Defendant’s assertion, the Defendant first changed the course from the two-lanes to the three-lanes, but the Plaintiff’s vehicle was at the latest changed from the three-lanes to the two-lanes, and thus, the Plaintiff’s fault is greater.

(2) Evidence No. 1 and No. 1-3.

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