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(영문) 서울서부지방법원 2020.02.13 2019나37988

손해배상(자)

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 176,040,372 as well as to the plaintiff on July 2015.

Reasons

1. The grounds for this part of the court’s liability for damages are stated in this part, the third side of the judgment of the first instance.

C. The limitation of liability is changed as follows, and it is identical to the corresponding part of the judgment of the court of first instance on the grounds of the judgment. As such, it is cited by the main sentence of Article 420 of the Civil Procedure Act

C. However, according to the evidence as seen earlier, the Plaintiff, as well as the Plaintiff, committed an error of crossinging the road without permission without considering the movement of the vehicle at a place other than the crosswalk, even though the crosswalk was in the vicinity at night, and the Plaintiff’s above negligence was a serious cause for the occurrence of the instant accident and the expansion of damages, it shall be considered in determining the amount of damages to be compensated by the Defendant. However, the following circumstances acknowledged by the evidence as above, namely, the crosswalk was about 15.8 meters away from the point where the instant accident occurred, and the pedestrian signal signal at the crosswalk was red at the time, and the road was about 15.8 meters away from the point where the instant accident occurred, and the road was about 3 king lines (five king lines), are limited to the Defendant’s liability for damages by 50%.

2. The grounds for this part of the court’s scope of liability for damages are as follows: (a) the third instance judgment of the court of first instance dismissed “19” as “23” and the judgment of the court of first instance.

2. Paragraphs (f), (g), and (h) of the scope of compensation for damage;

The following persons shall be replaced by the subsection:

With the exception of adding a claim, it is identical to the corresponding part of the judgment of the court of first instance, and thus, it is citing it in accordance with the main sentence of Article 420 of the

F. The Defendant’s limitation of liability is 50% of the Defendant’s limitation of liability (see Article 1(c)).

G. Mutual aid ① Of the medical expenses paid by the Defendant between September 23, 2015 and January 15, 2020, the Defendant deducted KRW 204,646,745 (=409,293,490 x 0.5 x 0.5) equivalent to the Plaintiff’s fault ratio of KRW 50 percent (i.e., KRW 409,293,490) from September 23, 2015 to January 15, 202, ② the Defendant paid KRW 30,000,000, total amount of KRW 234,646,745 as part of the damages on December 5, 2017

H. The plaintiff's reasons for the consolation money 1.