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(영문) 인천지방법원 2018.06.26 2014가단255830 (1)
손해배상(자)
Text

1. The Defendant’s KRW 10,000,000 for the Plaintiff and 5% per annum from March 31, 2012 to June 26, 2018.

Reasons

1. Basic facts

A. C driving a D private taxi on March 31, 2012 at around 09:30, and transferred to the right bypassing the school distance of 448, Yeonsu-gu, Incheon.

나. C이 우회전을 마친 지점 바로 앞에는 횡단보도가 있었는데, 때마침 그곳에서 보행자신호를 기다리고 있던 원고는 신호등이 적색에서 녹색으로 바뀌자마자 자전거를 탄 채로 위 횡단보도를 건넜다.

C. However, C, at the same time with a right-hand line, has intruded into the above crosswalk at the same five-lanes, has shocked the front part of the Plaintiff’s bicycle, and the Plaintiff suffered bodily injury, such as light-to-door and credit-to-face outflow, etc.

(hereinafter the above traffic accident is referred to as the "accident of this case"). [Grounds for recognition] The fact that there is no dispute, entry of Gap's 3 through 6 and Eul's 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Occurrence of liability for damages;

A. The instant accident, based on the responsibility, was caused by C’s negligence, who violated the duty of care at the intersection where crosswalks and signal signals are installed and attempted to make a right-hand, despite pedestrian signals.

Therefore, the defendant, who is the insurer of C, is liable to compensate the plaintiff for the damages caused by the accident of this case.

B. Limit of liability: (a) the Plaintiff, while towing a bicycle on a crosswalk, was crossing the bicycle with the bicycle; and (b) the Plaintiff, without having taken the front of the horse who entered the pedestrian signal, unjustly driven the bicycle. Such violation of the Plaintiff’s duty of care was caused by the occurrence and expansion of the instant accident.

Considering such negligence of the plaintiff, the defendant's liability for damages is limited to 85%.

3. Scope of liability for damages

A. On May 26, 2037, the end date of operation on May 26, 2037 is deemed to be November 18, 2013, which is the day before full 63 years of age.

Dor income.

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