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(영문) 서울중앙지방법원 2018.10.23 2018나17920
손해배상(자)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for adding the following contents, and thus, it is acceptable in accordance with the main sentence of Article 420

2. In addition, the part of the first instance judgment No. 3, 18 (the part on the determination of liability), which is to be added to “this case’s defendants’ negligence far far exceed the Plaintiff’s fault at the time, so it would rather be reasonable to limit the Defendants’ liability ratio due to the instant accident to not more than 30% (not less than 70% of the Plaintiff’s negligence). However, all the circumstances revealed in the litigation process, such as the background of the accident, the place and time of the accident, the Plaintiff and Defendant B’s negligence, and the degree of the negligence and degree, etc., in particular, the accident location of this case’s accident is around the crosswalk near the toilet where many people see, and the Defendant 1 and 2 were able to have sufficiently predicted the risk of the occurrence of the accident with pedestrians crossing the bicycle lane, and it is reasonable to limit the Defendants’ liability to 85%, and the circumstance alleged by the Defendants alone is insufficient to admit that the Defendants’ medical opinion and the first instance judgment No. 6 of the first instance court’s judgment is unlawful. 97.

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