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(영문) 광주지방법원 2020.10.30 2018나55417
손해배상(자)
Text

The judgment of the first instance, including the extension and reduction of claims by the plaintiffs in this court, shall be modified as follows.

Reasons

(1) On January 16, 2016, G driving a H taxi on the road, around 21:20, on the other hand, and driving the Seo-gu, Seo-gu, Gwangju along three-lanes of K department stores with three-lanes from J side, while the vehicle signal of the crosswalk at the crosswalk becomes a red signal, but the vehicle signal of the crosswalk became a red signal, but the vehicle signal of the crosswalk was obstructed by the crosswalk, and the plaintiff Gap who was crossinged by the pedestrian signal of the crosswalk was shocked to the front part of the above taxi.

(2) The Plaintiff suffered injury, such as the closed pelle of the executives at the right pelle of the instant accident, and the closed pelle of the executives at the right pelle of the instant accident.

(3) Plaintiff B’s spouse, Plaintiff C, D, and E are children of Plaintiff A.

The defendant is a mutual aid business entity that has entered into a mutual aid agreement for the above H taxi operated by G.

(4) Plaintiff A received temporary layoff benefits of KRW 91,411,460 and medical care benefits of KRW 3,792,790 from the Intervenor’s Intervenor (hereinafter “ Intervenor”).

[Grounds for recognition] In light of the facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, 24, and 25, and the facts based on the whole purport of the pleadings, the defendant, who is a mutual aid business operator for the above taxi, is liable to compensate the plaintiffs for damages caused by the accident in this case.

The summary of the Defendant’s assertion that the liability for damages is limited to 80% of the damages incurred by the Plaintiffs in the instant accident, as the Plaintiff A neglected the above duty of care, even though he/she had the duty of care to safely cross the crosswalk by ascertaining whether the vehicle was coming from the crosswalk.

Judgment

Plaintiff

A was crossing the crosswalk according to the pedestrian signal of the crosswalk, and in general, it is necessary to expect the pedestrian to wear the crosswalk according to the pedestrian signal.

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