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(영문) 서울중앙지방법원 2020.03.26 2018가단5103290

손해배상(자)

Text

1. The Defendant’s KRW 32,157,520 as well as the Plaintiff’s annual rate of KRW 5% from November 5, 2017 to March 26, 2020.

Reasons

1. Occurrence of liability for damages;

A. 1) C is a D-si vehicle on November 5, 2017 (hereinafter “Defendant vehicle”) around 08:45 on November 5, 2017

2) The Plaintiff’s bicycle side on the front part of the Defendant’s vehicle, on which a bicycle was parked along a pedestrian signal, was parked along the pedestrian signal at the front part of the Defendant’s bicycle crossing 275-occout-ro, Songpa-gu Seoul Metropolitan Government, by driving the bicycle along the front part of the crossing (hereinafter referred to as “instant accident”).

(2) Due to the instant accident, the Plaintiff sustained injury, such as catitis, pathal chatum, chatal chatum, 9, 11, 12, etc.

3) The defendant is a mutual aid business operator who entered into a mutual aid agreement with the defendant's vehicle. The defendant is a mutual aid business operator who entered into a mutual aid agreement with the defendant's vehicle. The ground for recognition is without any dispute, Gap's evidence 1, Eul's evidence 1 through 3 (each entry,

B. According to the above fact of recognition of liability, the plaintiff sustained an injury due to the operation of the defendant vehicle, barring special circumstances, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as the mutual aid business operator of the defendant vehicle.

C. The limitation of liability, however, in the case where the plaintiff, as the plaintiff, drives a bicycle and breaking the crosswalk, was erroneous in crossing the bicycle rapidly without wearing safety equipment, such as safety caps, despite being walking the bicycle and checking the surrounding conditions, and without wearing safety caps, and contributed to the occurrence of the instant accident and the expansion of damages. As such, since the plaintiff's error contributed to the occurrence of the instant accident and the expansion of damages, it shall be considered in calculating the amount of damages the defendant shall be considered, but the plaintiff's negligence shall be considered to be 25% in consideration of the circumstances where the view of the defendant's vehicle was limited due to the subway construction at the site of the instant accident, and the defendant's liability shall

The plaintiff should not take into account the negligence of the safe mother.