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(영문) 서울중앙지방법원 2015.03.26 2014나10273

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid in addition to the following shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. The fact of recognition (1) The defendant is an insurer who has concluded a comprehensive automobile insurance for C-A-to-purd passenger vehicles.

(2) At around 23:00 on January 5, 201, B, while driving the said car and driving it into a square distance slope in the area of the hotel room in front of Seoul Gwangjin-gu, Seoul Special Metropolitan City, along a three-lane one-lane, the Plaintiff did not discover the Plaintiff who was crossinging the road to the right right on the left side of the course due to the negligence of neglecting the duty of the front bank and the left side, and did not discover the Plaintiff as the front part of the said car.

(3) The Plaintiff suffered injury, such as inside and outside of the entrance to the left-hand side and mination of mincts, due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, 12 through 21, Eul evidence 1 to 6 (including the number, if any) and the purport of the whole pleadings

B. According to the facts of recognition of the above facts of liability, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as the insurer B.

C. According to the evidence and the whole purport of oral argument held prior to the limitation of liability, the place where the accident in this case occurred is a crosswalk with signal apparatus, and the fact that the pedestrian signal immediately before the accident in this case was changed in red, and the testimony of the witness F of the party in this case is insufficient to find that the plaintiff followed it and complied with the pedestrian signal. According to the above facts, the accident in this case occurred, it shall be deemed that the plaintiff's negligence by entering the crosswalk late at night and contributing to the road.

However, the main cause of the instant accident is that the Defendant’s responsibility is limited to 65% in consideration of the Plaintiff’s negligence as 35%.

2. The attached amount of damages, except as otherwise stated below within the scope of liability for damages.