[손해배상][공1975.2.15.(506),8254]
Where a traffic accident is caused while crossing without permission at night time when the prohibition of passage is imminent, the seriousness of the fault of the unauthorized crossing and the driver;
In the event that an accident occurred while crossing without permission a location where high speed traffic of vehicles is frequent at night time during the night hours, the fault of the victim cannot be less than the negligence of the driver of the vehicle, and therefore, in determining the amount of damages, the victim's negligence shall be set off to a considerable extent by taking into account his/her own negligence in determining the amount of damages.
Article 396 of the Civil Act
Plaintiff 1 and five other plaintiffs' attorneys Han-sung, Counsel for the plaintiff-appellant
Seoul High Court Decision 201Na1484 decided May 2, 201
Seoul High Court Decision 74Na251 delivered on June 26, 1974
The part against the defendant against the plaintiff 1 in the original judgment shall be reversed, and the case shall be remanded to the Seoul High Court.
The defendant's appeal against the plaintiff 2, 3, 4, 5, and 6 is dismissed.
The costs of appeal between plaintiffs 2, 3, 4, 5, and 6 and the defendant shall be borne by the defendant.
Judgment on the grounds of appeal by Defendant’s attorney
As to ground of appeal No. 3
According to the facts established in the judgment of the court of first instance cited by the original judgment, the accident at issue is an accident where 2nd degree of 11:40 m3 p.m. Han River with 11:0 m. to which the defendant belongs injured the plaintiff 1 who was crossing the road to a place other than the crosswalk at a speed of 60 km prior to a speed of 256 m., according to Gap evidence No. 16 adopted by the court of first instance, the place of the accident at issue can be easily seen as a m., which is the m. car's angle where the vehicle traffic is breadth and the m. Han River with 32m width between the first Han River and the m. Han River with the above road crossing the above road, the point at which the plaintiff 1 crosses the above road is 25 meters away from the crosswalk. If the accident happens, the degree of the plaintiff 1's negligence caused by the above m. 200 m.'s negligence cannot be easily reduced compared with the above 10 m.
Therefore, this issue is without merit to decide on the remaining grounds of appeal, and the part against Plaintiff 1 among the original judgment against the defendant is reversed and remanded to the original judgment. The defendant's appeal against the remaining plaintiffs is without merit. Therefore, it is so decided as per Disposition by the assent of all participating judges.
Justices Cho Young-young (Presiding Justice)