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(영문) 부산지방법원 2015.01.22 2013가단83332
손해배상(자)
Text

1. The Defendant’s KRW 28,391,448 as well as the Plaintiff’s KRW 5% per annum from December 25, 2012 to January 22, 2015.

Reasons

1. Facts of recognition;

A. At around 09:30 on December 25, 2012, Nonparty B driven a C-business taxi and proceeded along the intersection in front of the Songdo tower in Seo-gu, Seo-gu, Busan with the two-lane-lane road from the boundary of the Goanam University Hospital to the ebbbbbbdo from the ebbs of the Janam University Hospital, while the vehicle driving signal was changed to the stop signal, Nonparty B, despite the fact that the vehicle driving signal was changed to the stop signal, Nonparty B, at the right edge of the above vehicle, ebbbs the intersection to the intersection just straight and straight from the right edge of the above vehicle to the right edge of the transmission beach in the direction of the transmission beach, and caused the Plaintiff’s injury, such as the ebstroke in the upper right edge of the Plaintiff’s driving, which was proceeding along the normal signal at the right edge of the above vehicle.

(hereinafter “instant accident”). (b)

The defendant is a mutual aid business operator with respect to the above-service taxi.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 6 (if available, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the facts of recognition of the above liability, the defendant is liable to compensate the plaintiff for damages caused by the accident in this case caused by the violation of the signal of the above-use taxi as a mutual aid business operator.

B. The defendant's assertion and judgment as to the limitation of liability, the defendant asserts that the defendant's liability should be limited to 80% in consideration of the plaintiff's operational negligence as 20%, since the accident of this case occurred by the collision of the taxi of the B driver who entered the intersection where the signal of the direction of the passage to the Roman crossing is changed by yellow color, etc. in violation of the duty of front-time navigation.

In light of the following circumstances, B was sentenced to a fine of KRW 3,500,000 due to the instant accident (Seoul District Court Decision 2013Ma2210). The proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, which is premised on the violation of signal signal in the said criminal case, is as follows.

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