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1. The counterclaim Defendant: 440,901,372 won to the counterclaim and 5% per annum from September 10, 2012 to February 17, 2016.
Reasons
1. Occurrence of liability for damages;
A. The facts of recognition are as follows: (a) on September 10, 2012, the Plaintiff driven a B-Vehicle (hereinafter “Plaintiff”) around 22:05 (hereinafter “instant intersection”); (b) was directed toward the library from the south of the south of the south of the intersection; (c) was driving a F vehicle (hereinafter “Defendant vehicle”); and (d) was driving a vehicle at the same border to the south of the south of the south of the west of the same intersection to the Central Park; (d) the road from the south of the south of the west of the same intersection; (e) the road from which the Plaintiff is driving; (e) the road from which the Plaintiff is driving; (e) the road from which the Plaintiff is driving; (e) the road from which the Defendant is driving; (e) the two parallel lines; and (e) the road from which the Defendant is driving; and (e) there was no dispute between the parties to the instant accident, such as the Plaintiff and the Defendant’s vehicle with the front part of the vehicle (hereinafter “instant accident”); and (e) there was no comprehensive agreement between the Defendant.
B. According to the above facts, since the accident of this case was caused by the operation of the defendant vehicle, the defendant is liable to compensate the insurer of the defendant vehicle for the damages suffered by the plaintiff due to the accident of this case under Articles 3 and 10(1) of the Guarantee of Automobile Accident Compensation Act and Article 724(2) of the Commercial Act.
2. According to the statement in evidence No. 2, the road in which E is proceeding was the signal of red flaging at the time of the instant accident, and E violated the temporary suspension duty and is proceeding as it is due to the intersection instructed by the signal of red flaging.
It is recognized that the accident of this case occurred.
On the other hand, according to the health band and Gap evidence No. 8 as to what signals were sent at the time of the instant accident, the intersection of this case is normal signal at the daytime, and on-and-off signal from 23:00 to 6:00.