beta
(영문) 서울중앙지방법원 2016.05.27 2015나72841

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against plaintiffs A and B, which corresponds to the money ordered to be paid below, shall be revoked.

Reasons

1. The court's explanation concerning this part of the basic facts is "1." due to the reasons for the judgment of the court of first instance.

A. The facts of recognition are as stated in the main sentence of Article 420 of the Civil Procedure Act. 2. The defendant is liable to compensate for the damage suffered by the deceased, etc. due to the accident in this case as a mutual aid business operator. However, in light of the above circumstances of the accident, it was erroneous in governance of the crosswalk, in violation of the deceased’s rapid speed, and the defendant’s liability is limited to 70% since such error was caused by the accident in this case and the expansion of damage (30% of the deceased’s fault ratio). The defendant asserted that the violation of signal signals by the defendant bus was inevitable due to a yellow change at the time of entering a private distance and it was inevitable to have violated signal signals by the defendant bus. However, it is insufficient to view that there was an inevitable violation of this signal signal signals by the defendant bus, and, after the first shock of the accident, Eul proceeded with the defendant bus without properly examining the surrounding part, and the reason that the court accepted the deceased’s liability for damages by the defendant’s announcement in the attached Form 1 as it appears to be acceptable to the extent of the deceased’s damages.

4. Conclusion.