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(영문) 부산지방법원 2016.05.26 2015가단227822

손해배상(자)

Text

1. The Defendant’s KRW 6 million and the Plaintiff’s 5% per annum from April 11, 2015 to May 26, 2016.

Reasons

1. Facts of recognition;

A. B, around 03:55 on April 11, 2015, while driving a C-si and driving a three-lane in front of the E- pharmacy located in Busan Southern-gu along the two-lanes in the direction of the horizontal intersection in the direction of the traffic zone, the Plaintiff, who illegally crossed the crosswalk from the right side of the crosswalk to the left side, suffered injury, such as return of the frame and damage requiring treatment for about 12 weeks (hereinafter “instant traffic accident”).

B. On September 24, 2015, B was sentenced to a suspended sentence of one year in April of imprisonment without prison labor for a violation of the Act on the Special Cases concerning the Settlement of Traffic Accidents, which states that “the instant traffic accident was caused by negligence that led to a speed of 84 km in speed exceeding 60 km per hour on the road at a speed of 60 km per hour” from the Busan District Court’s Dong Branch branch, and the said judgment became final and conclusive as it was without filing an appeal by B.

C. The defendant is a mutual aid business operator related to Csi Vehicles.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, Eul evidence Nos. 1, 4, and 5, images, significant facts to this court, the purport of the whole pleadings

2. Establishment of liability for damages;

A. According to the above recognition of the liability for damages, the traffic accident in this case is deemed to have occurred due to the negligence of driving the vehicle in excess of the maximum speed of 30%, and thus, the defendant is the insurer of the vehicle involved in the accident in this case and is liable to compensate for the damages suffered by the plaintiff due to the traffic accident in this case, unless there are special circumstances.

B. On the other hand, the limitation of liability is on the part of the driver at the new wall time, and the plaintiff's negligence, disregarding the crosswalk signal without permission, is also recognized as the cause of the occurrence of the instant traffic accident and the expansion of damage. Therefore, the defendant's responsibility is limited to 50%, taking this into account.

3. Scope of liability for damages

A. At the time of the instant traffic accident, the Plaintiff had already terminated the maximum working age over 60 years, and was on occupation.